Opium production in Afghanistan, 1980-2005. Based on United Nations data. [Source: UNODC/MCN] (click image to enlarge)Roughly 4,600 tons of opium are harvested in Afghanistan during 2004, according to a December 2004 statement by Russian Federal Drug Control Service Oleg Kharichkin. By the end of the year, more than 206,000 hectares in Afghanistan are reportedly planted with the crop. The Russians believe that 2005 production will approach 5,000 tons. [PakTribune (Islamabad), 12/22/2004]

Assistant Secretary of State Bobby Charles asks the CIA to analyze where the drug profits in Afghanistan are going. The CIA concludes that it is probable some of the drugs are going to the Islamic Movement of Uzbekistan (IMU), an al-Qaeda-related group just north of Afghanistan; the Taliban; the anti-US warlord Gulbuddin Hekmatyar; and possibly al-Qaeda. Charles says, “The linkages were there.” Author James Risen later comments, “The connections between drug trafficking and terrorism that the Pentagon didn’t want to acknowledge were real and growing, and were clearly helping to fuel a revival of guerrilla activity in Afghanistan.” [Risen, 2006, pp. 152-162] An article in the Independent this year will come to similar conclusions (see August 14, 2004). Based on this report and other evidence, Charles will push for a tough counter-narcotics policy but will end up losing his job instead (see November 2004).

The Defense Science Board, a Defense Department task force commissioned to examine the war on terrorism, reports: “If there is one overarching goal [Islamist militant groups] share, it is the overthrow of what Islamists call the ‘apostate’ regimes: the tyrannies of Egypt, Saudi Arabia, Pakistan, Jordan and the gulf states… . The United States finds itself in the strategically awkward - and potentially dangerous - situation of being the longstanding prop and alliance partner of these authoritarian regimes. Without the US, these regimes could not survive. Thus the US has strongly taken sides in a desperate struggle that is both broadly cast for all Muslims and country-specific.” [New York Times Magazine, 9/11/2005]

A CIA program to kill and capture al-Qaeda leaders (see Shortly After September 17, 2001) is terminated, and then revived under a new code name and surreptitiously outsourced to the private military corporation Blackwater. [Washington Post, 8/20/2009; New York Times, 8/20/2009]Outsourcing Kidnappings and Assassinations - The public will not learn of the program until 2009 (see August 19-20, 2009). The reason for the move is that key officials leave the CIA’s Counterterrorist Center, which had run the program, and go to work for Blackwater. A retired intelligence officer intimately familiar with the assassination program will say of the reason for using Blackwater, “Outsourcing gave the agency more protection in case something went wrong.” According to the Washington Post, the contract goes to Blackwater “in part because of its close ties to the CIA and because of its record in carrying out covert assignments overseas.” [Washington Post, 8/20/2009] Blackwater is given operational responsibility for targeting terrorist commanders, including planning and surveillance, and is awarded millions of dollars for training and weaponry. Blackwater executives help the CIA in planning, training, and surveillance exercises for team members. It remains unclear whether Blackwater’s role is merely for training and surveillance, or if Blackwater employees are slated to actually carry out kidnappings and assassinations. A former official will say that the Blackwater phase involves “lots of time spent training,” mostly in the US. The teams reportedly simulate missions that often involve kidnapping. “They were involved not only in trying to kill but also in getting close enough to snatch,” the official will say. Blackwater does not have an official contract with the CIA; instead, individual executives, such as its founder and CEO Erik Prince, have contracts with the agency. [Washington Post, 8/20/2009; New York Times, 8/20/2009]Program Never Implemented - Although the CIA spends several million dollars on the program, no one is actually captured or killed, and most of the program’s elements are never implemented. According to a former official, there is “much frustration” among team members at this. [Washington Post, 8/20/2009]Program Termination - The assassination program began in 2002, after the 9/11 attacks, and will continue until 2009, when then-CIA Director Leon Panetta will terminate it. Blackwater’s role in the program will be terminated much sooner (see (2005-2006)). In 2009, government officials will tell the New York Times that the CIA’s efforts to use what the newspaper calls “paramilitary hit teams” to kill al-Qaeda operatives “ran into logistical, legal, and diplomatic hurdles almost from the outset.” [New York Times, 8/20/2009; Time, 8/21/2009] Despite an initial prohibition from Vice President Dick Cheney (see 2002), the program will later be briefed to Congress (see June 24, 2009). The fact that Blackwater became involved in it is one of the reasons Congress is notified. The New York Times will report that “government officials said that bringing outsiders into a program with lethal authority raised deep concerns about accountability in covert operations.” In addition, a private contractor involved in an operation would not have the same diplomatic immunity as a US government employee. [New York Times, 8/20/2009]Former CIA Agent: Director 'Horrified' at Use of Mercenaries - In 2009, former CIA agent Robert Baer will write: “Panetta must have been horrified that the CIA turned to mercenaries to play a part in its dirty work. It’s one thing, albeit often misguided, for the agency to outsource certain tasks to contractors. It’s quite another to involve a company like Blackwater in even the planning and training of targeted killings, akin to the CIA going to the mafia to draw up a plan to kill [Cuban dictator Fidel] Castro.” Baer believes that the Blackwater contracts were more about “bilking the US taxpayer than… killing Osama bin Laden or other al-Qaeda leaders.… [A]s soon as CIA money lands in Blackwater’s account, it is beyond accounting, as good as gone.” Baer will note that Blackwater is involved in a number of highly questionable actions, including the apparent murder of several Iraqi and Afghan civilians, and will ask “what the CIA saw in Blackwater that the public still has not.” Baer will conclude by speculating, “Even more troubling, I think we will find out that in the unraveling of the Bush years, Blackwater was not the worst of the contractors, some of which did reportedly end up carrying out their assigned hits.” [Time, 8/21/2009]

The CIA and ISI (Pakistan’s intelligence agency) conduct a joint raid in Abbottabad, Pakistan, attempting to find Abu Faraj al-Libbi. He is al-Qaeda’s operational head since Khalid Shaikh Mohammed was captured in 2003 (see February 29 or March 1, 2003). Al-Libbi is not captured in the raid. However, he will be captured a year later in Mardan, near Abbottabad (see May 2, 2005). [Washington Post, 5/11/2011] Abbottabad is the town where Osama bin Laden will eventually be killed in 2011 (see May 2, 2011). Pakistani forces conduct a raid in April 2004 attempting to get al-Libbi in Abbottabad (see April 2004) and another raid in 2004 where they unwittingly almost capture al-Libbi (see After April 2004). It is not known the US raid is the same as either of these. Pakistani President Pervez Musharraf will describe both raids in a 2006 book and will not mention US participation, even though he does with other raids in the book. [Musharraf, 2006, pp. 210-211]

Up until 2004, suicide bombings were almost unheard of in Afghanistan. But beginning that year, the Taliban launches six suicide attacks. In 2005, the number increases to 21. In 2006, the number skyrockets to 141, causing 1,166 casualties. In 2007, the number remains steady at 137, but the number of casualties increases 50 percent to 1,730. On September 8, 2006, a suicide bomber hits a US convoy just outside the US embassy in Kabul, killing two US soldiers and 16 Afghans. The resulting investigation uncovers a suicide bomb support network in Kabul that links to militants in the tribal regions of Pakistan. Amrullah Saleh, the head of Afghanistan’s intelligence agency, says: “Every single bomber we arrest is linked to Pakistan in some way. The training, provisions, explosives, technical equipment, are all being manufactured in Pakistan, and the CIA knows this.” [Rashid, 2008, pp. 366-367]

Al-Tajdeed Radio, a station run by London-based Saudi Islamist Mohammed al-Massari, broadcasts in Iraq and Saudi Arabia calls for attacks on British troops. The station carries songs calling for jihad against the coalition forces and addresses by Abu Musab al-Zarqawi, head of an Iraqi group of militants reported to be affiliated with al-Qaeda. In addition, al-Massari also posts videos of attacks on British troops on his website. For example, in August 2006 the Council of Holy Warriors posts a declaration praising a bombing in Iraq that results in 55 people killed and wounded. MP Patrick Mercer calls the broadcasts “desperately demoralizing” for British troops in Iraq. Al-Massari says that the broadcasts were not in Britain, but abroad, so they are legal. No action is taken against al-Massari over the radio station and website, even after Britain passes a new Terrorism Act in 2006 making glorifying or encouraging political violence a crime (see March 30, 2006). [BBC, 8/18/2005; New York Times, 8/21/2006]

White House chief of staff Andrew Card calls 9/11 Commission Chairman Tom Kean and asks him not to demand the resignation of CIA Director George Tenet. Card says that he has heard the Commission will issue a statement tomorrow, but that President George Bush does not wish it. “You know, the president likes George,” he says, so such a call from the Commission would put Bush in an impossible position. Card asks that the Commission reconsider its apparent demand. However, Kean tells Card that he must have heard a false rumor, and that the Commission has no intention of calling for Tenet’s head in the middle of its inquiry. Card had actually heard the rumor from Tenet himself, although it is not known where Tenet learned it. At this point the Commission is considering recommending a long-mooted split of Tenet’s responsibilities. As director of central intelligence (DCI), Tenet runs the CIA and is also responsible for the intelligence community as a whole, although he does not have any real power over the other agencies supposedly under him. The split would mean that the CIA director would only run the CIA, and a director of national intelligence would be appointed above him, to coordinate the activities of all agencies in the intelligence community. It is possible that Tenet has misinterpreted talk of such a split as preparations for calling on him to resign. [Kean and Hamilton, 2006, pp. 144; Shenon, 2008, pp. 403]

In 2005, Hutaifa Azzam, son of Abdullah Azzam, Osama bin Laden’s mentor and a longtime acquaintance of militant leader Abu Musab al-Zarqawi, says al-Zarqawi had “no relations with Osama until he left to Iraq. His relation with Osama started [in 2004] through the Internet.” [Bergen, 2006, pp. 363-364] The Atlantic Monthly will later report that negotiations between al-Zarqawi and bin Laden about an alliance between them begin in early 2004. Al-Zarqawi will pledge loyalty to bin Laden in October, “but only after eight months of often stormy negotiations” (see October 17, 2004). [Atlantic Monthly, 6/8/2006]

The Bush administration directs the Department of Homeland Security to seize any vessel, sailing anywhere in US waters, that DHS believes might be headed to Cuba. The justification for the directive is “the Cuban government’s support of terrorism,” according to the DHS, even though there is little evidence to back up that claim. According to Business Week’s Paul Magnusson, the directive may well violate the Bill of Rights, and requires the US Coast Guard to “draw up regulations and enlist cash-strapped local police departments and harbor patrols in the effort.” The editor of a boating magazine observes: “That’s right, Popeye. If you’re unlucky enough to be reading this magazine in the cockpit of your most cherished possession—be it in San Diego, Seattle, Saginaw, or South Florida—and you wonder aloud how you’d always wanted to chase Hemingway’s wake, by the letter of this new edict you have now forfeited the right to keep your boat.” [Carter, 2004, pp. 17]

In early 2004, the head of the CIA station in Kabul, Afghanistan, known only as “Peter,” reports a revival of al-Qaeda and Taliban forces near the border of Pakistan. He proposes a spring intelligence push in the Pakistani tribal regions of South Waziristan and Kunar. Since 2002, al-Qaeda has mainly been regrouping in Waziristan, and many speculate that Osama bin Laden may be hiding there (see August 2002). Peter estimates that 24 field officers and five station officers would be needed for the new push. However, CIA headquarters replies that it does not have the resources to make the surge, presumably due to commitments in Iraq. Peter is rotated out of his post a short time later. [Washington Post, 10/22/2004]

The US Conference of Mayors releases findings showing that of 215 cities surveyed, 76 percent say they have not received any money whatsoever from the federal government for their emergency crews and first responders—the nation’s front line of defense against terrorist attacks. [Carter, 2004, pp. 21]

Rep. Curt Weldon.
[Source: House of Representatives]Rep. Curt Weldon (R-PA) is not yet familiar with Able Danger, though he will help bring information about the program to light in 2005. However, he is familiar with the closely related Land Information Warfare Activity (LIWA) program, having had dealings with it before 9/11. He says he is frustrated at the apparent lack of understanding about programs like LIWA based on the lines of questioning at public 9/11 Commission hearings in early 2004, so, “On at least four occasions, I personally tried to brief the 9/11 Commissioners on: NOAH [Weldon’s pre-9/11 suggestion to have a National Operations and Analysis Hub]; integrative data collaboration capabilities; my frustration with intelligence stovepipes; and al-Qaeda analysis. However, I was never able to achieve more than a five-minute telephone conversation with Commissioner Thomas Kean. On March 24, 2004, I also had my Chief of Staff personally hand deliver a document about LIWA, along [with] questions for George Tenet to the Commission, but neither was ever used.” [US Congress. Senate. Committee on Judiciary, 9/21/2005] He says: “The next week, they sent a staffer over to pick up some additional materials about the NIWA, about the concept, and about information I had briefed them on. They never followed up and invited me to come in and meet with them. So they can’t say that I didn’t try.” [Office of Congressman Curt Weldon, 9/17/2005]

The 9/11 Commission’s teams of investigators are asked to present interim staff reports to be read in the public hearings. Each report summarizes the staff’s findings regarding the subject of the day’s testimony. The reports help frame the questions for the day’s witnesses, and provide the basis for some of the chapters of the final report, so they are quite important and closely reported in the media. The commission’s executive director, Philip Zelikow, almost always rewrites the reports. Zelikow is smarting from the rounds of public criticism he has suffered for his apparent close ties to the Bush administration (see November 1997-August 1998, January 3, 2001, September 20, 2002, and March 21, 2004), and decides that he alone should read each staff report in the hearings—in essence, presenting himself as the public face of the commission and hopefully garnering some positive press coverage. That idea falls flat when angry staffers complain to the commissioners. But Zelikow continues to rewrite the reports, often improving on the language and wording, and sometimes rewriting reports to insert information that staffers find unsupportable (see January 2004). [Shenon, 2008, pp. 317-324]

Kevin Scheid. [Source: Abledangerblog(.com)]After finding that nobody else on the 9/11 Commission is interested in what the NSA knew about al-Qaeda in general and the 9/11 plot in particular (see Late 2002-July 2004 and Late 2003), commission staffer Lorry Fenner decides to try to read through a portion of the material herself. Fenner is “astonished” that nobody from the commission’s team investigating the 9/11 plot is reading the material, and thinks about asking her boss, Kevin Scheid, to tell the commission’s executive director Philip Zelikow that somebody should read the material. However, Scheid resists a confrontation with Zelikow, and Fenner does not want to go over her boss’s head and talk to Zelikow herself. Therefore, although she has other duties on the commission, she starts to read through the material herself. There are tens of thousands of pages of NSA documents about Osama bin Laden and al-Qaeda and, according to author Philip Shenon, “It would take several days of reading to get through even a small portion of it.” Fenner spends “two or three hours” on “several days” between January and June in the reading room, and some colleagues help her towards the end (see June 2004 and Between July 1 and July 17, 2004), but most of the information will go unread by the 9/11 Commission. [Shenon, 2008, pp. 156-7, 370]

In 2004, Rep. Mark Steven Kirk (R-Ill) visits Pakistan to find out why the US Rewards for Justice program has generated so little information regarding al-Qaeda’s leadership. In the early 1990s, the program was effective in helping to catch al-Qaeda bomber Ramzi Yousef after a $2 million reward was announced for him and a huge number of matchboxes with his picture and the reward information on it were distributed in countries where he was likely to be (see April 2, 1993). The program has $25 million rewards for al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri, and lesser rewards for other al-Qaeda leaders. Kirk discovers that the US Embassy in Islamabad, Pakistan has effectively shut down the reward program. There is no radio or television advertising. A bin Laden matchbook campaign had begun in 2000 (see February 16, 2000), but the embassy has stopped giving away matchbooks with photos of bin Laden and other leaders. Kirk will later say: “We were at zero. I couldn’t believe it.” Embassy officials tell Kirk they are busy with other issues, such as assisting US troops in Afghanistan. Kirk proposes a congressional bill that would increase funding for the rewards program to advertise, extend the program to target drug kingpins (especially those who fund al-Qaeda and the Taliban), and make other reforms and improvements. But apparently the bill does not pass and the problem is not fixed. In 2008, Kirk will complain, “[T]he key thing about the Rewards for Justice program is that no one in a rural area—anywhere—knows about it.” Former CIA officer Arthur Keller will also say in 2008 that there are people in Pakistan and elsewhere with information who would be open to informing. “They’d love to have a $25 million bounty, and they aren’t supportive of Osama. But they don’t necessarily trust the US. Who do you report it to? The local police chief?… They’re not sure who to turn to or who to trust.” [US Congress, House, 2/12/2004; Washington Post, 5/17/2008] In 2006, the program will conduct a large advertising blitz in the US, seemingly one of the most unlikely places to figure leaders such as bin Laden (see December 2006).

White House adviser Karl Rove orders a Republican Party poll to determine public interest in a number of issues: Martha Stewart’s insider trading case, Enron’s collapse, and the 9/11 Commission’s investigation. The poll suggests that the public is not that interested in the Commission, which, according to author Philip Shenon, is “a relief at the White House.” Apparently, this is not the only poll Rove orders about the 9/11 Commission. Shenon will add that Rove “would have been a fool not to keep an eye on the Commission, given the potential trouble it could create for Bush on the eve of his reelection campaign—a campaign that would be centered almost entirely on the president’s record on terrorism.” Perhaps partly because of this, the Commission and its staff have “a sense of being watched” by Rove, and commissioner John Lehman will say that Rove views the Commission as a “mortal threat” to Bush’s reelection chances. [Shenon, 2008, pp. 175-176]

A British special forces team in Afghanistan calls in a US air strike on a drug lab. The damage leads to a 15 percent spike in heroin prices. It is unclear if US commanders knew that the proposed target was a drug lab. However, this seems to be nearly the only such strike on drug-related targets since 9/11. Shortly after 9/11, the US military decided to avoid such targets (see Shortly After September 11, 2001). The US continued to gain new intelligence on the location of drug facilities and continued not to act. Assistant Secretary of State Bobby Charles later will complain, “We had regular reports of where the labs were. There were not large numbers of them. We could have destroyed all the labs and warehouses in the three primary provinces involved in drug trafficking… in a week. I told flag officers, you have to see this is eating you alive, that if you don’t do anything by 2006 you are going to need a lot more troops in Afghanistan.” [Risen, 2006, pp. 152-162]

Members of the 9/11 Commission’s team focusing on counterterrorism issues are appalled at a rewrite of a report by executive director Philip Zelikow. Zelikow rewrote the report, about the history of US efforts to contain al-Qaeda during the Clinton years, to imply that direct links exist between Iraq and al-Qaeda (see January 2004). Staffer Scott Allan, who wrote the original report, thinks that if the report is allowed to stand, it will become an important propaganda tool for the White House and its neoconservative backers in justifying the Iraq war, with headlines trumpeting the commission’s “discovery” of evidence linking al-Qaeda and Iraq. Many of Allan’s colleagues are equally disturbed, especially senior staffer Les Hawley. Hawley, a retired colonel, is a veteran of the military and civilian bureaucracies in Washington, and was a senior official in the State Department under Bill Clinton. Hawley, Allan, and the rest of the team directly challenge Zelikow’s rewrite. In author Philip Shenon’s words: “It would be remembered as an all-important showdown for the staff, the moment where they would make it clear that Zelikow could take his partisanship only so far. The staff would not allow him to trade on their credibility to promote the goals of the Bush White House—not in these interim reports, nor in the commission’s final report later that year.” The staff soon confronts Zelikow on the issue (see January 2004). [Shenon, 2008, pp. 317-324]

After 9/11 Commission executive director Philip Zelikow rewrites a staff report to allege links between Iraq and al-Qaeda (see January 2004), the staff confront Zelikow over the rewrite (see January 2004). The meeting between Zelikow and the staffers becomes somewhat heated, but Zelikow capitulates in the end, replacing the allegations of a link between Iraq and al-Qaeda with far more neutral language, and agreeing to let the entire issue lay until a later staff report. Author Philip Shenon will later write: “The staff suspected that Zelikow realized at the meeting that he had been caught in a clear-cut act of helping his friends in the Bush White House—that he had tried to twist the wording of the report to serve the needs of the Bush administration and its stumbling military campaign. Zelikow said later it was nothing of the sort.” Zelikow will deny allegations that he is a “White House mole,” and insist that all he wanted to do was help the commission keep “an open mind” on the subject. [Shenon, 2008, pp. 317-324]

9/11 Commission Executive Director Philip Zelikow rewrites a commission staff statement to imply there are ties between al-Qaeda and Iraq. Zelikow often rewrites many of the staff statements, but usually mainly to improve the style (see January 2004), and the addition of the Iraq-related material is unusual. The statement dealing with Iraq was originally compiled by international law expert Scott Allan, a member of the 9/11 Commission’s counterterrorism investigation, which is a strong focus of Zelikow’s attention. Allan writes the statement on the history of US diplomatic efforts to monitor and counteract al-Qaeda during the Clinton years, and the difficulties encountered by the government in working with “friendly” Arab nations such as Saudi Arabia to keep al-Qaeda at bay. Allan and other members of Team 3 are horrified at Zelikow’s rewrite of this report. Zelikow inserts sentences that allege direct ties between Iraq and al-Qaeda (see July 9, 2003), suggest that al-Qaeda officials were in systematic contact with Iraqi government officials in the years before 9/11, and even allege that Osama bin Laden had seriously considered moving to Iraq after the Clinton administration pressured the Taliban to oust him from Afghanistan (see April 4, 2000 and December 29, 2000). Zelikow’s additions are subtle and never directly state that Iraq and al-Qaeda had any sort of working relationship, but the import is clear. The effect of Zelikow’s rewrite would be to put the commission on record as strongly suggesting that such a connection between Iraq and al-Qaeda—long a White House argument to justify the war in Iraq—existed before 9/11, and therefore Iraq bore some of the responsibility for the attacks. Allan never made any such allegations in his original draft. Moreover, he knows from his colleagues who have pored over the archives at the CIA that no evidence of such a connection exists. Allan and the other Team 3 staffers confront Zelikow on the rewrite (see January 2004), and Zelikow eventually backs down (see January 2004). [Shenon, 2008, pp. 317-324]

The Armed Forces DNA Identification Laboratory logo. [Source: Armed Forces Institure of Pathology]The Armed Forces DNA Identification Laboratory (AFDIL) publishes a report on the examination of DNA of the presumed hijackers of Flight 77, which hit the Pentagon on 9/11, and Flight 93, which went down near Shanksville, Pennsylvania. The hijackers’ DNA is identified by a process of elimination, i.e. it is presumed to be that which does not match the samples provided by the passengers’ relatives. Samples are not requested from the hijackers’ families (see After September 11, 2001), but it is determined that the DNA may have come from Middle Eastern men, although in two cases current but not very comprehensive databases indicate they are more likely to come from Europeans. Also, the DNA samples from the Pentagon indicate that two of the presumed hijackers may well have been brothers. Presumably this refers to Nawaf and Salem Alhazmi. [Armed Forces DNA Identification Laboratory, 1/2004, pp. 82-84 ]

9/11 Commissioner Jamie Gorelick and Philip Zelikow, the 9/11 Commission’s executive director, complete a review of 300 Presidential Daily Brief (PDB) items that might be relevant to the Commission’s work. They find that 50 of them are actually relevant and, under the terms of an agreement they have with the White House (see November 7, 2003), tell White House counsel Alberto Gonzales that the Commission’s chairman and vice chairman, Thomas Kean and Lee Hamilton, should see these 50. The other seven commissioners will not see any of the PDBs, but Gorelick and Zelikow want to show them a 10-page summary of what they have found. The White House had previously agreed to this in principle, but Gonzales says that 50 is too many. He says that when the agreement was concluded, he thought they would only want to show one or two more to Kean and Hamilton. In addition, he claims the 10-page summary is way too long, and has too much detail about one key PDB concerning Osama bin Laden’s determination to strike inside the US (see August 6, 2001). Gonzales’s response angers all the commissioners. Its lawyer, Daniel Marcus, is instructed to hire an outside counsel to draft a subpoena, and he engages Robert Weiner, a leading Washington lawyer. The subpoena is to be for Gorelick and Zelikow’s notes, because the Commission thinks it is more likely to get them. However, Marcus will say that filing a subpoena “would have been Armageddon,” because, “Even though we had a good legal argument, the subpoena would have been a disaster for us because we could not have won the litigation in time to get the PDBs.” [Shenon, 2008, pp. 222-224] The subpoena will not be sent due to a last ditch intervention by Zelikow (see February 2004).

Nabil al-Marabh. [Source: Associated Press]After Nabil al-Marabh’s eight-month prison sentence was completed in 2003, he remained in a Chicago prison awaiting deportation. However, deportation proceedings were put on hold because federal prosecutors lodged a material witness warrant against him. When the warrant is dropped, al-Marabh is cleared to be deported to Syria. [Associated Press, 1/29/2003; Associated Press, 6/3/2004] In late 2002, the US government argued that there was no evidence al-Marabh had ever been involved in any terrorist activity or connected to any terrorist organization (see September 3, 2002). However, in al-Marabh’s deportation hearing, the judge rules that he “does present a danger to national security,” is “credibly linked to elements of terrorism,” and has a “propensity to lie.” A footnote in his 2003 deportation ruling states, “The FBI has been unable to rule out the possibility that al-Marabh has engaged in terrorist activity or will do so if he is not removed from the United States.” He is deported nonetheless, and prosecutors from two US cities are not allowed to indict him. Both Democratic and Republican Senators will later express bafflement and complain about this deportation (see June 30, 2004). [Associated Press, 6/3/2004]

9/11 Commission staffer Lorry Fenner. [Source: Public domain]9/11 Commission staffer Lorry Fenner, who is reading through NSA material related to al-Qaeda on her own initiative (see January 2004), finds material possibly linking Iran and Hezbollah to al-Qaeda. [Shenon, 2008, pp. 157, 370-1] The material indicates that between eight and ten of the future hijackers traveled between Saudi Arabia, Afghanistan, and other destinations via Iran. For example, in November 2000, one of the hijackers, Ahmed Alghamdi, took the same flight as a senior Hezbollah official (see November 2000), although the 9/11 Commission report will say this may be a “coincidence.” An associate of a senior Hezbollah operative took the same flight as another three of the hijackers in November 2000, and Hezbollah officials were expecting an undefined group to arrive at the same time. However, the hijackers’ families will say they were in Saudi Arabia at this time (see Mid-November, 2000). Based on information such as this, the commission will conclude that Iran helped al-Qaeda operatives transit Iran by not stamping their passports, but that neither it nor Hezbollah had any knowledge of the 9/11 plot. Under interrogation, detainees Khalid Shaikh Mohammed and Ramzi bin al-Shibh say that some of the hijackers did transit Iran, but that they had no assistance from the Iranian authorities. However, such statements were apparently made after they were tortured, bringing their reliability into question (see June 16, 2004 and August 6, 2007). [9/11 Commission, 7/24/2004, pp. 240-1] The NSA intelligence reports the information about Iranian and Hezbollah is based on were mostly drafted between October and December 2001, so it is possible that the NSA was monitoring Hezbollah in 2000 and then matched up travel by that organization’s operatives with the 9/11 hijackers’ travel, ascertained from airlines, for example, after 9/11. One of the reports, entitled “operative’s claimed identification of photos of two Sept. 11 hijackers,” is dated August 9, 2002. It is unclear who the operative is or how he allegedly came into contact with the alleged 9/11 hijackers. [9/11 Commission, 7/24/2004, pp. 529]

Following an October 2003 meeting with three members of the 9/11 Commission’s staff (see October 21, 2003), Lt. Col. Anthony Shaffer tries contacting Philip Zelikow, the commission’s executive director, as requested by Zelikow himself. Shaffer is an Army intelligence officer who worked closely with a military intelligence unit called Able Danger, which identified Mohamed Atta and three other future 9/11 hijackers in early 2000 (see January-February 2000). He phones Zelikow’s number the first week of January 2004. The person who replies tells him, “I will talk to Dr. Zelikow and find out when he wants you to come in.” However, Shaffer receives no call back, so a week later he phones again. This time, the person who answers him says, “Dr. Zelikow tells me that he does not see the need for you to come in. We have all the information on Able Danger.”
[Government Security News, 9/2005] Yet the commission doesn’t even receive the Able Danger documentation they had previously requested from the Defense Department until the following month (see February 2004). [Thomas H. Kean and Lee H. Hamilton, 8/12/2005 ]

Some months after he begins working on National Security Council (NSC) files (see August 2003), 9/11 Commission staffer Warren Bass decides that he should quit the commission, or at least threaten to quit. The main reason for this is because he feels the commission’s executive director, Philip Zelikow, is distorting the commission’s work to favor National Security Adviser Condoleezza Rice, to whom Zelikow is close (see January 3, 2001, Before December 18, 2003, May-June 2004, and February 28, 2005). 'Zelikow Is Making Me Crazy' - Bass tells Daniel Marcus, the commission’s lawyer, “I cannot do this,” and “Zelikow is making me crazy.” According to author Philip Shenon, Bass is “outraged” by Zelikow’s conduct and thinks the White House is trying to “sabotage” his work by limiting his access to certain documents. Zelikow will later admit that he had a conflict with Bass, but will say that it was just an honest difference of opinion between historians. However, colleagues will say Bass saw it differently. Shenon will write: “[Bass] made it clear to colleagues that he believed Zelikow was interfering in his work for reasons that were overtly political—intended to shield the White House, and Rice in particular, from the commission’s criticism. For every bit of evidence gathered by Bass and [the commission team investigating US counterterrorism policy] to bolster [former counterterrorism “tsar” Richard] Clarke’s allegation that the White House had ignored terrorist threats in 2001, Zelikow would find some reason to disparage it.” Talked Out of It - However, Marcus and Michael Hurley, Bass’ immediate superior on the commission, persuade Bass not to resign. Shenon will say that his resignation “would have been a disaster for the commission; Bass was the team’s institutional memory on the NSC, and his writing and editing skills seemed irreplaceable.” Hurley thinks that part of the problem is that Bass, as well as the other members of his team, have a heavy workload, so he gets Zelikow’s consent to hire another staffer, Leonard Hawley. [Shenon, 2008, pp. 149-150]

German intelligence sources claim that the CIA misinformed them about an alleged terror plot due to take place at a Hamburg hospital on December 30, 2003, and allegedly fear that the information was planted. According to information provided to TV 2 Nettavisen, a German TV station, German intelligence has yet to find any evidence for the plot, which is alleged to be the work of the radical Kurdish group Ansar al-Islam. A German intelligence officer known only as Vahldiecker says, “We have not found any proof that the terror alarm was genuine, but we haven’t found any evidence that states it was not. It is of course possible that it was fake, but we do not know that for certain yet.… It is possible that [the CIA] gave us the wrong information, but it is not likely that they did it on purpose.” However, German intelligence has indicated that it believes the information was planted on purpose and is surprised at the handling of the case and the leaks to the media; the story appeared on Der Spiegel Online within hours of the CIA tip. [Information Clearing House, 1/7/2004]

Vice President Dick Cheney tells Rocky Mountain News that a November 2003 article published in the conservative Weekly Standard (see November 14, 2003) represents “the best source of information” on cooperation between Iraq and al-Qaeda. The article was based on a leaked intelligence memo that had been written by Undersecretary of Defense for Policy Douglas Feith in 2002 and was the product of the Office of Special Plans (see August 2002). Cheney also insists that the administration’s decision to invade Iraq was “perfectly justified.” [Rocky Mountain News, 1/10/2004; Knight Ridder, 3/9/2004]

In interviews with the 9/11 Commission, unnamed deputies for CIA director George Tenet repeatedly claim that, before 9/11, they were never given a clear instruction to assassinate Osama bin Laden. This is false, as President Bill Clinton issued such an order following the 1998 embassy bombings (see December 24, 1998). According to author Philip Shenon, the deputies tell the commission “again and again” that they had not been given clear orders to assassinate bin Laden, but “that the CIA had instead been given a confusing set of presidential orders that allowed for bin Laden’s capture, but not his death.” Officers at the CIA apparently blamed this on “overly cautious” lawyers at the White House and Justice Department. The commission learns the deputies’ claims are false from Clinton’s former National Security Adviser Sandy Berger in January 2004 (see January 14, 2004). [Shenon, 2008, pp. 253-4]

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

In an interview with Time magazine, former US Secretary of Treasury Paul O’Neill says he never saw or heard of any real evidence that Saddam Hussein had weapons of mass destruction. “In the 23 months I was there, I never saw anything that I would characterize as evidence of weapons of mass destruction,” he explains. “There were allegations and assertions by people…. But I’ve been around a hell of a long time, and I know the difference between evidence and assertions and illusions or allusions and conclusions that one could draw from a set of assumptions. To me there is a difference between real evidence and everything else. And I never saw anything in the intelligence that I would characterize as real evidence.”
[Time, 1/11/2004]

The 9/11 Commission realizes that it will not meet its reporting deadline of May 2004 and decides it will have to ask for an extension. Any extension would have to be approved by Congressional leaders and the White House. In order to determine how much extra time the commission will need, Chairman Tom Kean and Vice Chairman Lee Hamilton poll the other commissioners and staff members to gauge their opinions. Commissioners Slade Gorton and Tim Roemer suggest six months, but this would push the reporting date back after the presidential election in November. Kean and Hamilton are aware that this will probably not be permitted by Republicans, as they will be worried that parts of the report critical of Bush will be leaked to the press. In addition, Kean wants the report out during the presidential campaign, in the hopes that the two candidates will have a “bidding war” over who will implement more of the commission’s recommendations. In the end, the commission decides to ask for a two-month extension, meaning the report will be issued in July. [Shenon, 2008, pp. 226-227] The extension is initially opposed by the White House (see January 19, 2004), but the administration changes its mind (see February 5, 2004), and the extension is finally granted (see March 2, 2004).

The Washington Post reports, “A growing number of [9/11 Commission] members [have] concluded that the panel needs more time to prepare a thorough and credible accounting of missteps leading to the terrorist attacks.” As a result, the commission is asking Congress to vote on approving a several month extension to finish their report. “But the White House and leading Republicans have informed the panel that they oppose any delay, which raises the possibility that Sept. 11-related controversies could emerge during the heat of the presidential campaign.” [Washington Post, 1/19/2004] The White House will reverse its stance a month later (see February 5, 2004).

CIA Director George Tenet spends a lot of time reading material about the CIA’s performance in the run-up to 9/11 before interviews with the 9/11 Commission. Author Philip Shenon will point out that Tenet sets aside so much time despite the deteriorating situation in Iraq and the problems this is causing. 'Cram Sessions' - “Tenet insisted on all-day, almost all-night cram sessions to prepare himself for the interview with the 9/11 Commission,” Shenon will write. CIA staffer Rudy Rousseau will say, “He spent an enormous amount of time mastering an enormous amount of material.” The cram sessions are held at the weekend and until late on week nights, and cover the work done by Alec Station, the CIA’s bin Laden unit, as well as the failed plans to capture or kill Osama bin Laden. CIA's Achilles' Heel - Shenon will also comment: “Tenet wanted specifically to master what had happened in Kuala Lumpur in 2000 with [9/11 hijackers] Nawaf Alhazmi and Khalid Almihdhar and why the CIA had apparently failed for so long to alert anyone that the two hijackers had later entered the United States from Asia. Like almost everyone else at the agency, Tenet seemed to understand that the CIA’s failure to watch-list the pair after their arrival in California was the agency’s Achilles’ heel—one horrendous blunder that could sink the CIA.” [Shenon, 2008, pp. 257]Still Cannot Remember - Despite the cramming, Tenet apparently has problems remembering facts that could cast the CIA in a bad light (see January 22, 2004, April 14, 2004, and July 2, 2004).

The 9/11 Commission interviews CIA Director George Tenet, but, due to frequent evasive answers, the commission doubts that he is telling them the full truth. The commission, represented at the interview by Executive Director Philip Zelikow, Commissioner Richard Ben-Veniste, and some staffers, takes the unusual step of putting Tenet under oath before questioning him, because, in the words of author Philip Shenon, “The CIA’s record was full of discrepancies about the facts of its operations against bin Laden before 9/11, and many of the discrepancies were Tenet’s.” "I Don't Recall" - The commission immediately begins to doubt Tenet’s veracity, as he keeps saying, “I don’t remember,” “I don’t recall,” and “Let me go through the documents and get back to you with an answer.” This is despite the fact that Tenet spent a long time revising for his discussions with the commission beforehand (see Before January 22, 2004). Author Philip Shenon will summarize: “Tenet remembered certain details, especially when he was asked the sorts of questions he was eager to answer… But on many other questions, his memory was cloudy. The closer the questions came to the events of the spring and summer of 2001 and to the 9/11 attacks themselves, the worse his memory became.” In addition, the memory lapses concern not only details, but also “entire meetings and key documents.” Tenet even says he cannot recall what was discussed at his first meeting with President George Bush after his election in 2000, which the commission finds “suspicious.” Neither can he recall what he told Bush in the morning intelligence briefings in the months leading up to 9/11. "We Just Didn't Believe Him" - Zelikow will later say that there was no one “a-ha moment” when they realize Tenet is not telling them the full truth, but his constant failure to remember key aspects disturbs them, and in the end, Zelikow will say, “we just didn’t believe him.” After the meeting, Zelikow, who seemed to have decided that the CIA had failed in the run up to 9/11 at the very start of the investigation (see Late January 2003), basically reports to the commissioners that Tenet perjured himself. The staff and most of the commissioners come to believe that, in Shenon’s words, Tenet is “at best, loose with the facts,” and at worst “flirting with a perjury charge.” Even Commission Chairman Tom Kean, “who found it difficult to say anything critical of anyone,” comes to believe that Tenet is a witness that will “fudge everything.” CIA View - CIA staffers will later dispute this, saying that Tenet’s inability to remember some things was perfectly normal. CIA staffer Rudy Rousseau will say, “I’m surprised he remembered as much as he did.” Tenet’s chief of staff John Moseman will say, “Neither he [Tenet], nor we, held anything back… To suggest so now is not honorable.” [Shenon, 2008, pp. 257-260]

The prosecution in the trial of Abdelghani Mzoudi presents a witness who claims to be a defector from an Iranian intelligence agency. [BBC, 1/21/2004] The witness, Hamid Reza Zakeri, does not appear in court himself, but instead Judge Klaus Ruehle reads out his testimony. [Reuters, 1/22/2004] According to Zakeri, the Iranian intelligence service was really behind the 9/11 attacks and had employed al-Qaeda to carry them out. Zakeri’s claims are widely publicized. However, these claims are quickly discounted, and German intelligence notes that, “he presents himself as a witness on any theme which can bring him benefit.”
[Deutsche Presse-Agentur (Hamburg), 1/22/2004; Chicago Tribune, 1/22/2004; Reuters, 1/22/2004; Associated Press, 1/30/2004]

The New York Times later reports that in private discussions with the 9/11 Commission in January 2002, National Security Adviser Condoleeza “Rice [is] asked about statements she made in 2001 and 2002 [(see May 16, 2002)] that ‘we could not have imagined’ that terrorists would use aircraft as weapons by piloting them into buildings. She [tells] the commission that she regret[s] those comments, because at the time she was not aware of intelligence, developed in the late 1990s, that some terrorists were thinking of using airplanes as guided missiles. She told the commission in the private session that she should have said, ‘I could not have imagined,’ according to one official familiar with the testimony, making it clear that some in the intelligence community knew about those threats but that she did not.” [New York Times, 4/6/2004] However, in a March 22, 2004 op-ed for the Washington Post entitled “For the Record,” she essentially repeats her 2002 comments, claiming, “Despite what some have suggested, we received no intelligence that terrorists were preparing to attack the homeland using airplanes as missiles, though some analysts speculated that terrorists might hijack airplanes to try to free US-held terrorists.” [Washington Post, 3/22/2004]

Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011. [Source: U.S. Defense Department]Osama bin Laden’s trusted courier Ibrahim Saeed Ahmed moves to Abbottabad, Pakistan, and buys up land there that will be used for a hideout for bin Laden. Ahmed, who is using a variety of aliases, moves to the town with his brother Abrar, who is also assisting bin Laden. A Pakistani government official will later say that a plot of land in Abbottabad is bought by a man named Mohammad Arshad on January 22, 2004. A forged national identity card and incorrect address is used. In fact, “Mohammad Arshad” is one of the aliases used by Ahmed. That, along with the related name “Arshad Khan,” is the name Abbottabad neighbors will know him by in future years. [Dawn (Karachi), 5/7/2011] Property records obtained by the Associated Press show that “Arshad” buys two more plots of land in November 2004. The seller will later say that he does not meet Arshad in person, but deals with him through a middle man. A doctor sells another plot of land to “Arshad” in 2005. This doctor will later say that he does meet “Arshad” in person during the transaction. The plots are combined so a walled compound can be built that is much larger than other homes in the neighborhood. The doctor will occasionally see “Arshad” after that, and at one point the doctor will be cryptically told by him that the land he sold is now very valuable. [Associated Press, 5/4/2011] Locals will later say that construction on the compound begins in 2005. By late 2005 or the start of 2006, the construction is done and bin Laden will move into the compound with some of his family (see Late 2005-Early 2006). The courier Ahmed (who uses the named “Arshad”), his brother, and their families will live there too. [New York Times, 5/3/2011; Associated Press, 5/4/2011] In March 2011, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Colonel Robert Marr, the battle commander at NORAD’s Northeast Air Defense Sector (NEADS), makes some surprising comments about the US military’s response to the 9/11 attacks during an interview with the 9/11 Commission. Marr played an important role in NEADS’s response to the 9/11 attacks. A memorandum summarizing the interview will reveal some hints by Marr that others in the US military doctored the data describing the Air Force’s response to the hijackings, perhaps to show that the US military did not shoot down Flight 93. Log Doesn't 'Look Right' - For instance, the memorandum will state: “Marr noted that one of the chat logs presented to him by Commission staff ‘doesn’t look right.’ [Commission staff noted this beforehand, but did not present to Marr as such.]” There is no further explanation in the interview account to explain what this means. Timelines Conflict - After Marr is presented with a transcript of the 9/11 Commission’s May 23, 2003 hearing (see May 23, 2003), “Marr noted that the Dictaphone DAT times are off, and this led to a misconception with the time frame. He commented that NORAD asked for details to prove that they did not shoot down [United Airlines Flight] 93 shortly after 9/11. He noted that [two military officials] worked towards putting the initial information together. But because of the damage that occurred to the tapes during the transcription process (see September 21, 2001) they did not re-examine the tapes until very recently. Commission staff presented Marr with a timeline that was created by NORAD. Marr speculated that some of the discrepancies on this timeline were because of inaccurate computer timing.” Mistakes Were Made to Show Flight 93 Was Not Shot Down - The memorandum will conclude, “Marr was emphatic that the mistakes in the data points were specifically made to show that they did not shoot down Flight 93.” [9/11 Commission, 1/23/2004 ] However, there will be no hint of these allegations in the 9/11 Commission’s final report, and no hint about any data manipulation or discrepancies.

Al-Qaeda leader Hassan Ghul is caught at the Iraq-Iran border. Details are sketchy, both about the arrest and Ghul himself, who has never been publicly mentioned before. Several days later, President Bush will say: “[L]ast week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. [He] reported directly to [9/11 mastermind] Khalid Shaikh Mohammed.… He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” [Washington Post, 1/27/2004] Ghul had been living in Pakistan, but the Pakistani government refused to arrest him, apparently because he was linked to a Pakistani military group supported by Pakistani intelligence (see (2002-January 23, 2004)). Pakistan is reportedly furious when it is told he has been arrested in Iraq. [Associated Press, 6/15/2011] US officials point to his arrest as proof that al-Qaeda is heavily involved in the resistance in Iraq. One official says that Ghul was “definitely in Iraq to promote an al-Qaeda, Islamic extremist agenda.” [Fox News, 1/24/2004] The 9/11 Commission will later claim: “Hassan Ghul was an important al-Qaeda travel facilitator who worked with [al-Qaeda leader] Abu Zubaida assisting Arab fighters traveling to Afghanistan. In 1999, Ghul and Zubaida opened a safe house under the cover of an import/export business in Islamabad [Pakistan]. In addition, at Zubaida’s request, Ghul also successfully raised money in Saudi Arabia.” [9/11 Commission, 8/21/2004, pp. 64 ] But despite acknowledgment from Bush that Ghul is in US custody, Ghul subsequently completely disappears, becoming a “ghost detainee.” Apparently, he will provide vital intelligence during US interrogation (see Shortly After January 23, 2004). The US will eventually transfer Ghul to Pakistani custody (see (Mid-2006)), and Pakistan will release him, allowing him to rejoin al-Qaeda (see (Mid-2007)).

Technology Review, a magazine published by the Massachusetts Institute of Technology, runs an article by Professor Richard Muller arguing that audio messages apparently released by Osama bin Laden may be fakes. According to Muller, the US’s counterterrorism efforts are still going strong, making it hard for al-Qaeda to operate. Therefore, “its sympathizers desperately need encouragement from their charismatic leader,” which is why the organization is making fake audio tapes. Video tapes would be more convincing proof of bin Laden’s continued existence, but are harder to fake and therefore not forthcoming. Bin Laden is either dead or injured, and unable to make recordings, Muller argues, and adds that although voice recognition, a technique used by the US government to identify the voice on the audio tapes, is a “rapidly developing technology,” it can have problems with the poor quality tapes the man thought to be bin Laden is releasing. Therefore, the tapes may be cut and pasted excerpts of past recordings, or, more likely, made by one of bin Laden’s children, such as his son Saad, reportedly an al-Qaeda member. [Technology Review, 1/23/2004]

Maulana Fazlur Rehman Khalil. [Source: Public domain]The Los Angeles Times reports that Maulana Fazlur Rehman Khalil, leader of the Pakistani militant group Harkat ul-Mujahedeen (HUM), is living and operating openly in Pakistan. He lives with his family in the city of Rawalpindi and urges his followers to fight the US. Khalil was a signatory to Osama bin Laden’s February 1998 fatwa [religious edict] that encouraged attacks on Americans and Jews anywhere in the world (see February 22, 1998). In late 1998, Khalil said, “We will hit back at [the Americans] everywhere in the world, wherever we find them. We have started a holy war against the US and they will hardly find a tree to take shelter beneath it.” The Pakistani government banned HUM in January 2002 (see Shortly After January 12-March 2002), but the group simply changed its name to Jamiat ul-Ansar and continued to operate. Then it was banned again in November 2003 (see November 2003). The Times reports that HUM is openly defying the most recent ban. HUM publishes a monthly magazine that urges volunteers to fight the US in Afghanistan and Iraq. In a recent issue published since the most recent ban, Khalil calls on followers to “sacrifice our life, property and heart” in order to help create one Muslim nation that will control the whole world. The magazine continues to appear on newsstands in Pakistan and gives announcements for upcoming HUM meetings and events, despite the group supposedly being banned. Government Takes No Action - The Pakistani government claims not to know where Khalil is, even though his magazine publishes his contact information (Times reporters attempting to find him for an interview were detained and roughed up by his supporters.) Government officials also claim that Khalil and HUM are doing nothing illegal, even though HUM’s magazine makes clear fund-raising appeals in each issue, and Pakistani law clearly specifies that banned groups are not allowed to fund-raise. Officials also say that they don’t know where the leaders of other banned militant groups like Jaish-e-Mohammed and Lashkar-e-Toiba are, but these leaders make frequent public appearances and documents obtain by the Times show the ISI intelligence agency is closely monitoring them. Militant leader Maulana Masood Azhar has not been arrested even though his group, Jaish-e-Mohammed, was recently implicated in the attempted assassination of Pakistani President Pervez Musharraf (see December 14 and 25, 2003). [Los Angeles Times, 1/25/2004]Link to California Suspect - In 2005, a Pakistani immigrant to the US named Umer Hayat will be arrested in California on terrorism charges. He will allegedly confess to having toured training camps in Pakistan run by Khalil, who is a family friend. He will only serve a short time for making false statements to the FBI, but his son Hamid Hayat will be sentenced to 24 years in prison on similar charges (see June 3, 2005). [Los Angeles Times, 6/9/2005]

Former CIA Director George Tenet privately testifies before the 9/11 Commission. He provides a detailed account of an urgent al-Qaeda warning he gave to the White House on July 10, 2001 (see July 10, 2001). According to three former senior intelligence officials, Tenet displays the slides from the PowerPoint presentation he gave the White House and even offers to testify about it in public. According to the three former officials, the hearing is attended by commissioner Richard Ben-Veniste, the commission’s executive director Philip Zelikow, and some staff members. When Tenet testifies before the 9/11 Commission in public later in the year, he will not mention this meeting. The 9/11 Commission will neglect to include Tenet’s warning to the White House in its July 2004 final report. [McClatchy Newspapers, 10/2/2006] Portions of a transcript of Tenet’s private testimony will be leaked to reporters in 2006. According to the transcript, Tenet’s testimony included a detailed summary of the briefing he had with CIA counterterrorism chief Cofer Black on July 10 (see July 10, 2001). The transcript also reveals that he told the commission that Black’s briefing had prompted him to request an urgent meeting with Rice about it. This closely matches the account in Woodward’s 2006 book that first widely publicized the July meeting (see September 29, 2006). [Washington Post, 10/3/2006] Shortly after Woodward’s book is published, the 9/11 Commission staff will deny knowing that the July meeting took place. Zelikow and Ben-Veniste, who attended Tenet’s testimony, will say they are unable to find any reference to it in their files. But after the transcript is leaked, Ben-Veniste will suddenly remember details of the testimony (see September 30-October 3, 2006) and will say that Tenet did not indicate that he left his meeting with Rice with the impression he had been ignored, as Tenet has alleged. [New York Times, 10/2/2006] Woodward’s book will describe why Black, who also privately testified before the 9/11 Commission, felt the commission did not mention the July meeting in their final report: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about. It was what happened in investigations. There were questions they wanted to ask, and questions they didn’t want to ask.” [Woodward, 2006, pp. 78]

A Hamburg, Germany, newspaper reports that a former senior official in the Hamburg state administration named Walter Wellinghausen has taken a “politically explosive” file from the government offices. “The file is said to contain an exact chronology of the knowledge of the [Hamburg] intelligence agency before September 11, 2001 about the people living in Hamburg who should later become the terrorists.” He claims to have not been charged or even questioned about this matter and the file remains missing. [Hamburger Abendblatt, 1/29/2004]

Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph. [Source: Public domain via Wikipedia] (click image to enlarge)Following unsuccessful attempts by the 9/11 Commission to get direct access to high-value detainees on which some sections of its report will be based (see Summer 2003 and November 5, 2003-January 2004), the Commission decides to add a disclaimer to its report at the beginning of Chapter 5, the first of two that describe the development of the 9/11 plot. The disclaimer, entitled “Detainee Interrogation Reports,” reads: “Chapters 5 and 7 rely heavily on information obtained from captured al-Qaeda members. A number of these ‘detainees’ have firsthand knowledge of the 9/11 plot. Assessing the truth of statements by these witnesses—sworn enemies of the United States—is challenging. Our access to them has been limited to the review of intelligence reports based on communications received from the locations where the actual interrogations take place. We submitted questions for use in the interrogations, but had no control over whether, when, or how questions of particular interest would be asked. Nor were we allowed to talk to the interrogators so that we could better judge the credibility of the detainees and clarify ambiguities in the reporting. We were told that our requests might disrupt the sensitive interrogation process. We have nonetheless decided to include information from captured 9/11 conspirators and al-Qaeda members in our report. We have evaluated their statements carefully and have attempted to corroborate them with documents and statements of others. In this report, we indicate where such statements provide the foundation for our narrative. We have been authorized to identify by name only ten detainees whose custody has been confirmed officially by the US government.” [9/11 Commission, 7/24/2004, pp. 146] Most of the endnotes to the report indicate the sources of information contained in the main body of the text. Of the 132 endnotes for Chapter 5, 83 of them cite detainee interrogations as a source of information contained in the report. Of the 192 endnotes for Chapter 7, 89 cite interrogations. [9/11 Commission, 7/24/2004, pp. 488-499, 513-533] The interrogation of 9/11 mastermind Khalid Shaikh Mohammed (KSM) is mentioned as a source 211 times. [9/11 Commission, 7/24/2004] He was repeatedly waterboarded and tortured (see Shortly After February 29 or March 1, 2003) and it will later be reported that up to 90 percent of the information obtained from his interrogations may be unreliable (see August 6, 2007). Interestingly, the 9/11 Commission sometimes seems to prefer KSM’s testimony over other sources. For instance, in 2003 the 9/11 Congressional Inquiry reported that the CIA learned in 1996 that KSM and bin Laden traveled together to a foreign country in 1995, suggesting close ties between them (see 1996). But the 9/11 Commission will ignore this and instead claim, based on KSM’s interrogation, that KSM and bin Laden had no contact between 1989 and late 1996. [US Congress, 7/24/2003; 9/11 Commission, 7/24/2004, pp. 148-148, 489] The interrogations of al-Qaeda leader Khallad bin Attash are used as a source 74 times, 9/11 hijacker associate Ramzi bin al-Shibh, 68 times, al-Qaeda leader Abd al-Rahim al-Nashiri, 14 times, al-Qaeda leader Hambali, 13 times, and
and a generic “interrogation[s] of detainee” is used as a source 57 times. [9/11 Commission, 7/24/2004] Most of these detainees are said to be tortured (see May 2002-2003 and Shortly After February 29 or March 1, 2003). Although the CIA videotaped some of the interrogations, it does not pass the videos to the 9/11 Commission (see Summer 2003-January 2004). Slate magazine will later say that these detainees’ accounts are “woven into the commission’s narrative, and nowhere does the 9/11 report delve into interrogation tactics or make any recommendations about the government’s continuing or future practices. That wasn’t the commission’s mandate. Still, one wonders where video evidence—or the knowledge that such evidence was being withheld—might have led it.” [Slate, 12/10/2007]

Last-minute action by the 9/11 Commission’s Executive Director Philip Zelikow averts the filing of a subpoena on the White House over access by the Commission to information from Presidential Daily Briefs (PDBs). The Commission has already hired an outside counsel to deal with the subpoena and drafted its text (see January 2004). Effort by Zelikow - However, Zelikow works practically nonstop for 48 hours to draft a 17-page, 7,000-word summary of what is in the documents. He knows that a lot of the information in the highly classified PDBs is also available in less classified documents, to which the White House cannot object the Commission having and referencing. Therefore, he summarises the contents of the PDBs, but sources what he writes to the less classified material. Agreement - Exhausted by the arguments over the PDBs with the White House, commissioner Jamie Gorelick, who has also read all the PDBs that need to be summarised, agrees that Zelikow’s summary can serve as the basis for a compromise with the White House. White House chief of staff Andrew Card pressures White House counsel Alberto R. Gonzales to accept it as well. Victims' Families Angry - However, relatives of the attacks’ victims are angry. Author Philip Shenon will write, “Many of the 9/11 family groups were outraged by this new compromise; it was even clearer now that only Gorelick and their nemesis Zelikow would ever see the full library of PDBs; the other commissioners would see only an edited version of what Gorelick and Zelikow chose to show them.” [Shenon, 2008, pp. 224-225]

A surveillance photo of Momin Khawaja (in grey sweater) and unidentified man on February 20, 2004. [Source: Public domain via the Globe and Mail]According to a joint Canadian and British report sent to Pakistani authorities in September 2005, Mohammed Junaid Babar, Momin Khawaja, and Haroon Rashid Aswat meet in London in February 2004. Babar and Khawaja are both members of a British fertilizer bomb plot (see Early 2003-April 6, 2004), but Khawaja is living in Canada and making occasional trips to Britain to meet the other plotters there, and Babar is based in Pakistan and also occasionally coming to Britain. By this time, the British intelligence agency MI5 has learned of the plot and is intensely monitoring all the major plotters, including Khawaja. US intelligence has apparently been monitoring Babar since late 2001 (see Early November 2001-April 10, 2004), and Newsweek will state he is definitely being monitored by February 2004 (see March 2004). [Daily Times (Lahore), 9/7/2005; Globe and Mail, 7/4/2008] Newsweek will later confirm, “Aswat is believed to have had connections to some of the suspects in the fertilizer plot,” and his name is given to the US as part of a list of people suspected of involvement in the plot. [Newsweek, 7/20/2005; Newsweek, 7/25/2005] He is the most interesting figure in this meeting. The US has wanted him since at least 2002 for his role in attempting to set up a militant training camp in Oregon (see November 1999-Early 2000). It will later be widely reported that he is the mastermind of the 7/7 London bombings (see July 7, 2005) and may even simultaneously be an informant for British intelligence. Babar, Khawaja, and other major figures in the fertilizer plot will be arrested at the end of March 2004 (see March 29, 2004 and After and April 10, 2004), but Aswat curiously is not arrested, even though British intelligence had compiled a large dossier on him and considered him a “major terrorist threat” by 2003 (see Early 2003).

The 9/11 Commission receives documents that it had requested from the Department of Defense, relating to a military intelligence unit called Able Danger, which had allegedly identified Mohamed Atta and three other 9/11 hijackers more than a year before the attacks. [New York Times, 8/9/2005; Times Herald (Norristown), 8/13/2005] The commission requested the documents in November 2003, after a meeting in Afghanistan with Lt. Col. Anthony Shaffer, an Army intelligence officer who had worked closely with the unit (see October 21, 2003). Some documents are given directly to the commission, others are available for review in a Department of Defense reading room, where commission staff make notes summarizing them. Some of the documents include diagrams of Islamic militant networks. However, an official statement later claims, “None of the documents turned over to the Commission mention Mohamed Atta or any of the other future hijackers. Nor do any of the staff notes on documents reviewed in the DOD reading room indicate that Mohamed Atta or any of the other future hijackers were mentioned in any of those documents.”
[Thomas H. Kean and Lee H. Hamilton, 8/12/2005 ; Washington Post, 8/13/2005] Shaffer responds, “I’m told confidently by the person who moved the material over, that the Sept. 11 commission received two briefcase-sized containers of documents. I can tell you for a fact that would not be one-twentieth of the information that Able Danger consisted of during the time we spent.”
[Fox News, 8/17/2005]

The 9/11 Congressional Inquiry, which ended in late 2002, made 19 urgent recommendations to make the nation safer against future terrorist attacks. However, more than one year later, the White House has only implemented two of the recommendations. Furthermore, investigative leads have not been pursued. Senator Bob Graham (D-FL) complains, “It is incomprehensible why this administration has refused to aggressively pursue the leads that our inquiry developed.” He is also upset that the White House classified large portions of the final report. [New York Observer, 2/15/2004]

A CIA officer who blocked notification to the FBI that Khalid Almihdhar had a US visa makes a number of false statements about the blocking in an interview with the Justice’s Department’s office of inspector general. The officer, Michael Anne Casey, was working at Alec Station, the CIA’s bin Laden unit, in 2000. She blocked a cable drafted by an FBI agent on loan to Alec Station named Doug Miller telling the FBI about Almihdhar (see 9:30 a.m. - 4:00 p.m. January 5, 2000), but then drafted a cable falsely stating the information had been passed (see Around 7:00 p.m. January 5, 2000) and insisted to Miller’s colleague Mark Rossini that the FBI not be informed the next day (see January 6, 2000). Instead of telling the inspector general why she blocked the initial cable and then drafted the cable with the false statement, Casey claims that she has no recollection of Miller’s cable, any discussions about putting it on hold, or why it was not sent. She also claims the language of the cable suggests somebody else told her the information about Almihdhar’s visa had been passed to the FBI, but cannot recall who this was. [US Department of Justice, 11/2004, pp. 242-243 ; Bamford, 2008, pp. 19-20] The exact date of this interview is not known, although the inspector general discovered Miller’s cable in early February (see Early February 2004) and Miller and Rossini are interviewed around this time. Both men also falsely claim not to recall anything about the cable (see (February 12, 2004)).

Hassan Ghul, an al-Qaeda leader captured in Iraq in January 2004 (see January 23, 2004), tells interrogators that Abu Ahmed al-Kuwaiti is a trusted courier who is close to Osama bin Laden. Abu Ahmed is an alias; his real name apparently is Ibrahim Saeed Ahmed, but at this point US intelligence only knows him by his alias. Ghul's Mysterious Captivity and Interrogation - Ghul apparently is held in a secret CIA prison for the first couple of years of his imprisonment. The conditions of his interrogation during this time are unknown, but presumably they are very harsh and many may call them torture, based on how other prominent prisoners are treated in secret CIA prisons around this time. Officials will later claim that Ghul is “quite cooperative” and the use of any harsh techniques on him would have been brief. [Associated Press, 5/2/2011] However, a prisoner who is kept in a cell next to Ghul’s will later testify in Britain that Ghul told him the CIA transferred him to Morocco at some point. It is not known if this is true, or what may have happened to Ghul in Morocco, but some prisoners are transferred to countries like Morocco so that harsh torture techniques that the CIA is not approved to use can be used on them by other intelligence agencies. [Associated Press, 6/15/2011]Ghul's Apparently Honest Account - Ghul reportedly tells his interrogators that Ahmed is a trusted courier who is close to bin Laden. He also says that Ahmed has been close to al-Qaeda top operational heads Khalid Shaikh Mohammed (KSM) and Abu Faraj al-Libbi. This is in contrast to the claims of other prisoners, including KSM, who have already said that Ahmed is either dead or unimportant. As a result, US intelligence analysts grow increasingly convinced that Ahmed is an important figure who could lead to bin Laden. Ghul adds that Ahmed has not been seen in a while. Analysts take this as another clue that Ahmed could be with bin Laden. Ghul either does not know Ahmed’s real name or does not tell it to his interrogators. In the wake of Ghul’s comments, KSM is asked again about Ahmed, and KSM sticks to his story that Ahmed is not important. [New York Times, 5/3/2011]'Linchpin' in Search - Tracking Ahmed will eventually lead US intelligence to bin Laden (see Summer 2009 and July 2010). An unnamed US official will later say, “Hassan Ghul was the linchpin” in the hunt for bin Laden. [Associated Press, 5/2/2011]

The Bush administration withholds thousands of documents from the Clinton administration that had already been cleared by Clinton’s general counsel Bruce Lindsey for release to the 9/11 Commission. [New York Times, 4/2/2004] In April, after a public outcry, the Bush administration grants access to most of the documents. [Washington Post, 4/3/2004; Fox News, 4/4/2004] However, they continue to withhold approximately 57 documents. According to the commission, the documents being withheld by the Bush White House include references to al-Qaeda, bin Laden, and other issues relevant to the panel’s work. [Washington Post, 4/8/2004]

The 9/11 Commission’s cursory review of NSA material related to the attacks and al-Qaeda in general does not find any reports about NSA intercepts of communications between the hijackers in the US and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). Neither does it find any reports about calls intercepted by the NSA between alleged 9/11 mastermind Khalid Shaikh Mohammed and lead hijacker Mohamed Atta (see Summer 2001 and September 10, 2001). Author Philip Shenon will write about the commission’s review of the NSA files in a 2008 book and will discuss what Commission staffers found there, but will not mention these intercepts, some of which were mentioned in declassified portions of the 9/11 Congressional Inquiry (see Summer 2002-Summer 2004). The review is only conducted by a few staffers (see January 2004, June 2004, and Between July 1 and July 17, 2004) and is not comprehensive, so it is unclear whether the NSA does not provide the reports to the 9/11 Commission, or the commission simply fails to find them in the large number of files the NSA made available to it. However, the staffers do find material possibly linking some of the hijackers to Iran and Hezbollah (see January-June 2004). [Shenon, 2008, pp. 87-8, 155-7, 370-3] In its final report, the commission will make passing references to some of the calls the NSA intercepted without pointing out that the NSA actually intercepted them. [9/11 Commission, 7/24/2004, pp. 87-88, 222] However, the endnotes that indicate the sources of these sections will not contain any references to NSA reports, but instead refer to an interview with NSA Director Michael Hayden and an FBI timeline of the hijackers’ activities. [9/11 Commission, 7/24/2004, pp. 477, 518]

Following its failure to get direct access to high-ranking al-Qaeda detainees (see October 2003 and November 5, 2003-January 2004), the 9/11 Commission has the CIA ask the detainees more questions about how the plot developed. This is a second round of questions from the Commission, which was dissatisfied with the answers produced by the first round. According to CIA and 9/11 Commission staffers, as well as an MSNBC analysis in 2008, this second round is “specifically to answer new questions from the Commission.” Analysis of the 9/11 Commission report indicates this second round includes more than 30 separate interrogation sessions. Based on the number of references attributed to each of the sessions, they appear to have been “lengthy.” The Commission is aware that the detainees are being harshly treated (see Late 2003-2004), but it is unclear whether they are further tortured during these additional sessions. The CIA is still using some or all of its “enhanced techniques” at this time (see Shortly After April 28, 2004-February 2005). [MSNBC, 1/30/2008]

The Justice Department’s inspector general, which is reviewing the FBI’s performance before 9/11, finds a reference to a key document it was not previously aware of. The document is a draft cable written by Doug Miller, an FBI agent who was loaned to Alec Station, the CIA’s bin Laden unit, before 9/11. The draft cable stated that 9/11 hijacker Khalid Almihdhar had a US visa, but its sending to the FBI had been blocked by a female CIA officer known only as “Michael” and Alec Station’s deputy chief, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The CIA inspector general had previously passed on numerous documents relevant to the review by the Justice Department’s inspector general, but had failed to pass this one on, although the two inspectors general had been working together since at least mid-2003. The Justice Department inspector general finds a reference to the draft cable in a list of CIA documents accessed by FBI employees assigned to the CIA. As a result of this discovery, the Justice Department inspector general has to re-interview several witnesses (see (February 12, 2004)) and the completion of his report is delayed. [US Department of Justice, 11/2004, pp. 227 ]

Democratic members of the House Select Committee on Homeland Security release a report entitled “America at Risk.” The report finds that, since the anthrax scare of 2001-2002, not a single drug or vaccine for pathogens rated as most dangerous by the Centers for Disease Control has been developed. A concurrent Pentagon report finds that “almost every aspect of US biopreparedness and response” is unsatisfactory, and says, “The fall 2001 anthrax attacks may turn out to be the easiest of bioterrorist strikes to confront.” The Pentagon will attempt to suppress the report when it becomes apparent how unflattering it is for the current administration, but part of it is leaked to the media. The report is later released in full. [Carter, 2004, pp. 20; House Select Committee on Homeland Security, Democratic Office, 2/1/2004]

Michael Scheuer, former head of the CIA’s bin Laden unit, will claim in a 2008 book that in early 2004, the 9/11 Commissioners indicate that they intend to name a junior CIA officer as the only official to be identified for a pre-9/11 failure. However, Scheuer writes: “A group of senior CIA officers… let it be known that if that officer was named, information about the pre-9/11 negligence of several very senior US officials would find its way into the media. The commissioners dropped the issue.” [Scheuer, 2008, pp. 273] The name of the junior officer is not known, but some possibilities include: Tom Wilshire (referred to as “John” in the final 9/11 Commission report), who withheld information about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000, May 15, 2001, Mid-May 2001, Mid-May 2001, Late May, 2001, August 22, 2001, and August 24, 2001); Clark Shannon (“Dave”), one of his associates who also failed to inform the FBI about Almihdhar and Alhazmi (see June 11, 2001); Richard Blee (“Richard”), Wilshire’s boss, who apparently failed to pass on information about Almihdhar to his superiors (see August 22-September 10, 2001). The names of the CIA officers who threaten the Commission are not known, nor are the details of the alleged negligence by the senior officials.

A surveillance photo of Shehzad Tanweer (second to the left), Mohammad Sidique Khan (far right), and Omar Khyam (center), taken in the parking lot of a McDonald’s restaurant on February 28, 2004. [Source: Metropolitan Police]By the beginning of February 2003, the British intelligence agency MI5 has learned about an al-Qaeda linked fertilizer bomb plot meant for an unknown target or targets in Britain, and has begun closely monitoring all of the main suspects. The head bomber in the plot, Omar Khyam, is seen on several occasions with two of the 7/7 London suicide bombers, Mohammad Sidique Khan and Shehzad Tanweer: On February 2, Khyam is seen in a car with Khan and Tanweer. Khyam is dropped off at his residence in the town of Crawley. The other two are still monitored as Khan drives away. They are covertly photographed when they stop at a gas station in Toddington. Khan is also photographed at a Burger King. They arrive at West Yorkshire and the car is parked outside Khan’s family house. His precise address is written down. A check reveals the car is registered to Khan’s wife. In June 2004, MI5 will check the car’s registration again and find out it has been re-registered in the name of “Siddeque Khan.” [BBC, 4/30/2007] On February 21, Khan is not seen directly, but his same car that was trailed on February 2 is seen parked outside a house in Crawley where a key four-and-a-half hour meeting is held preparing the fertilizer bomb plot. Khan and Tanweer probably attend the meeting, but there are technical problems with the surveillance so the meeting is not recorded. At some point also on February 21, Khan and Khyam are recorded while Khyam is driving his car. Khan asks Khyam, “Are you really a terrorist?” Khyam replies, “They are working with us.” Khan then asks, “You are serious, you are basically…?” And Khyam replies, “I am not a terrorist, they are working through us.” Finally, Khan tells Khyam: “Who are? There is no one higher than you.” Later in the conversation, Khan says he is debating whether or not to say goodbye to his baby before going to Pakistan again. Khyam tells him: “I do not even live in Crawley any more. I moved out because in the next month they are going to be raiding big time all over the UK.” This is curious, because the next month there will be police raids, which result in the arrest of the group of bomb plotters based in the town of Crawley, including Khyam (see Early 2003-April 6, 2004). [Independent, 4/30/2007; Daily Telegraph, 5/1/2007; London Times, 5/1/2007] Khan and Khyam discuss attending training camps in Pakistan. Khan asks, “How long to the training camp?” Khyam replies, “You’ll be going to the tribal areas, stay with families, you’ll be with Arab brothers, Chechen brothers, you’ll be told our operation later.” [Channel 4 News (London), 5/1/2007] On February 28, 2004, Khyam, Khan, and Tanweer are monitored as Khan drives them around builders’ merchants as part of a fraud scheme the three of them are working on together. At one point, Khan says, “I’m going to tap HSBC [the British bank], if not I’ll just go with a balaclava and a shotgun.” Khan then drives them to another secret meeting, this one held at a shop in Wellingborough. The meeting is attended by the three of them and about seven others; it is unknown if it is recorded. As the three drive back from the meeting, Khan appears to be trying to lose a tail since he doubles back and takes other evasive maneuvers. On March 21, Khan and Khyam are seen driving together. This time they are in a different car loaned to Khan by an auto shop, since the one used earlier was wrecked in a crash. On March 23, 2004, Khyam, Khan, and Tanweer meet again. They drive to an Islamic bookshop and spend the afternoon there. They also go to the the apartment of another key suspect in the fertilizer bomb plot. Returning to Khyam’s residence, they discuss passports and raising funds from banks using fraudulent methods. Khan again discusses going to Pakistan with Tanweer. Khyam by this time has plans to flee Britain in early April. Although they do not say so explicitly, an informant named Mohammed Junaid Babar will later reveal that Khyam was planning to attend training camps in Pakistan with Khan and others. Several times, Khyam, Khan, and Tanweer are seen talking outside, which would suggest discussions about particularly sensitive matters. But only the inside of Khyam’s house is bugged and these outside talks are not recorded. Khan and Tanweer leave shortly before midnight. Khyam’s phone is also being monitored, and Khan is in regular phone contact with him. But is it unknown how many calls are made or what is said. British intelligence will claim that that no overt references about bombings are made. [Independent, 4/30/2007; Daily Telegraph, 5/1/2007; London Times, 5/1/2007] But the Sunday Times will claim this is untrue, and that Khan was recorded discussing the building of a bomb and then his desire to leave Britain because there would be a lot of police activity after the bomb went off. He also is involved in “late-stage discussions” of the fertilizer bomb plot (see May 13-14, 2006). [Sunday Times (London), 5/14/2006] Furthermore, he is heard to pledge to carry out violence against non-Muslims. A tracking device is also placed on Khan’s car, although what becomes of this is unclear. [Associated Press, 4/30/2007] Photographs are sometimes taken of Khan and/or Tanweer. For instance, at some point Khan is photographed coming out of an Internet cafe. But despite all this evidence, investigators apparently conclude that Khan and Tanweer are “concerned with the fraudulent raising of funds rather than acts of terrorism.” They are not properly monitored (see March 29, 2004 and After). Khan and Tanweer apparently attend militant training camps in Pakistan later that year before blowing themselves up in 2005. Khyam is arrested on March 30, and is later sentenced to life in prison (see Early 2003-April 6, 2004). [Independent, 4/30/2007; Daily Telegraph, 5/1/2007; London Times, 5/1/2007] In early 2005, investigators will finally look into details about the car Khan drove and the loaner car given to him by the auto shop, and they will learn his full name and address (if they don’t know it already). But apparently this will not result in any more surveillance of him (see January 27-February 3, 2005).

Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.

In January 2004, the White House announced that it opposed giving the 9/11 Commission more time to complete its work (see January 19, 2004). But on this day, CNN reports, “After resisting the idea for months, the White House announced… its support for a request from the commission investigating the September 11, 2001 attacks for more time to complete its work.” 9/11 victims’ relatives and some politicians had been pressuring the White House to support the deadline extension. [CNN, 2/5/2004]

Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]

The 9/11 Commission has a private meeting with National Security Adviser Condoleezza Rice. The meeting is held in the White House’s Situation Room, the location apparently chosen by Rice in an attempt to impress the commissioners. Questioning Is 'Polite but Pointed' - The White House has insisted that the encounter be described as a “meeting” rather than an “interview,” because that would sound too formal and prosecutorial. In addition, there is to be no recording of the interview and Rice is not placed under oath. The time limit on the interview is two hours, but it actually lasts four. Rice’s close associate Philip Zelikow, the 9/11 Commission’s executive director, attends, but is not allowed to say anything because he has been recused from this part of the investigation. The questioning is led by Daniel Marcus, the Commission’s lawyer, and will be described as “polite but pointed” by author Philip Shenon. Commissioners Privately Critical of Rice - The commissioners are aware of allegations that Rice performed poorly in the run-up to 9/11 (see Before December 18, 2003), but are unwilling to aggressively attack an accomplished black woman. However, they think the allegations are well-founded. Commission Chairman Tom Kean will say, “obviously Rice bears a tremendous amount of responsibility for not understanding how serious this threat [of terrorist attacks] was.” Commissioner John Lehman will say that he has “no doubt” former National Security Adviser Henry Kissinger would have paid more attention to the warnings of a forthcoming attack. Fellow commissioner Slade Gorton will say that the administration’s failure to act on the urgent warnings was “spectacularly wrong.” Commissioner Jamie Gorelick will comment that Rice “assumed away the hardest part of her job,” and that she should have focused on keeping the president up to date on events, rather than trying to put his intentions into action. Commissioner Bob Kerrey will agree with this and will later recall one of Rice’s comments at this meeting, “I took the president’s thoughts and I helped the president describe what he was thinking.” According to Kerrey, this shows how Rice performed her job incorrectly. She should have been advising the president on what to do, not packaging his thoughts. [Shenon, 2008, pp. 230-239]

Dexter Filkins. [Source: New York Times]The New York Times publishes a front page story blaming Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, for many troubles in the Iraq war. However, it will later be revealed that the contents in the article were a hoax or exaggeration by a US military propaganda operation. The article, written by Dexter Filkins, claims that in January 2004, US forces in Iraq intercepted a letter written by al-Zarqawi to the “inner circle” of al-Qaeda, claiming that the best way to defeat the US in Iraq is to, in essence, begin a “sectarian war” in that country. The letter reportedly states that al-Qaeda, a Sunni network, should attack the Shi’a population of Iraq: “It is the only way to prolong the duration of the fight between the infidels and us. If we succeed in dragging them into a sectarian war, this will awaken the sleepy Sunnis.” In the letter, al-Zarqawi boasts of his role in many suicide bombings in Iraq. The article also notes that this letter would “constitute the strongest evidence to date of contacts between extremists in Iraq and al-Qaeda.” [New York Times, 2/9/2004; Independent, 2/11/2008] US General Mark Kimmitt says later the same day: “We believe the report and the document is credible, and we take the report seriously.… It is clearly a plan on the part of outsiders to come in to this country and spark civil war, create sectarian violence, try to expose fissures in this society.” The story is quickly published around the world. [Independent, 2/11/2008]Reporter Skeptical; Article Does Not Reflect Doubts - Filkins will later say he was skeptical about the document’s authenticity when he wrote the story and remains skeptical of it. [Washington Post, 4/10/2006] However, the article and follow up articles in the New York Times cast no doubt on the letter’s authenticity, except for one sentence in the original article mentioning the possibility the letter could have been “written by some other insurgent.” Skepticism from Other News Outlets - However, some scattered accounts elsewhere at the time are more critical. For instance, a few days later, Newsweek writes: “Given the Bush administration’s record peddling bad intelligence and worse innuendo, you’ve got to wonder if this letter is a total fake. How do we know the text is genuine? How was it obtained? By whom? And when? And how do we know it’s from al-Zarqawi? We don’t.” [Editor & Publisher, 4/10/2006] In the letter, al-Zarqawi says that if success does not come soon: “We can pack up and leave and look for another land, just like what has happened in so many lands of jihad. Our enemy is growing stronger day after day, and its intelligence information increases. By god, this is suffocation!” Counterpunch notes this and skeptically comments, “If you were Karl Rove, you couldn’t design a better scenario to validate the administration’s slant on the war than this.” It is also noted that this article follows a dubious pattern of New York Times reporting on Iraq: “cultivate a ‘highly placed inside source,’ take whatever this person says and report it verbatim on the front page above the fold.” [CounterPunch, 2/26/2004]Systematic Propaganda Campaign - Later in 2004, the Telegraph will report, “Senior diplomats in Baghdad claim that the letter was almost certainly a hoax” and that the US is systematically buying extremely dubious intelligence that exaggerates al-Zarqawi’s role in Iraq (see October 4, 2004). [Daily Telegraph, 10/4/2004] In 2006, a number of classified documents will be leaked to the Washington Post, showing the US military has a propaganda campaign to exaggerate the role of al-Zarqawi in Iraq (see April 10, 2006). One document mentions the “selective leak” of this letter to Filkins as part of this campaign. [Washington Post, 4/10/2006]Media Unquestioning in its Acceptance - Editor and Publisher will later examine the media coverage of this letter, and note that most publications reported on it unquestioningly, “So clearly, the leak to Filkins worked.” Ironically, Reuters at the time quotes an “amazed” US official who says, “We couldn’t make this up if we tried.” [Editor & Publisher, 4/10/2006]

The 9/11 Commission gets greater access to classified intelligence briefings under a new agreement with the White House. The 10-member panel had been barred from reviewing notes concerning the presidential daily briefings taken by three of its own commissioners and the commission’s director in December 2003. The new agreement allows all commission members the opportunity to read White House-edited versions of the summaries. The White House had faced criticisms for allowing only some commissioners to see the notes. Still, only three commissioners are allowed to see the original, unclassified documents. [Associated Press, 2/10/2004]

It is reported the 9/11 Commission now believes that the hijackers used short knives instead of box cutters. The New York Observer comments, “Remember the airlines’ first reports, that the whole job was pulled off with box cutters? In fact, investigators for the commission found that box cutters were reported on only one plane [Flight 77]. In any case, box cutters were considered straight razors and were always illegal. Thus the airlines switched their story and produced a snap-open knife of less than four inches at the hearing. This weapon falls conveniently within the aviation-security guidelines pre-9/11.”
[New York Observer, 2/15/2004] It was publicly revealed in late 2002 that box cutters were illegal on 9/11. [Associated Press, 11/11/2002]

Sibel Edmonds testifies before the 9/11 Commission in a specially constructed “bug-proof” secure room for three and a half hours, describing in detail problems she witnessed while working as an FBI linguist (see, e.g., September 20, 2001 and After,
(After September 14, 2001-October 2001),
Early October 2001,
(Late October 2001),
(November 2001), and
December 2, 2001). A month later, she tells the Independent: “I gave [the commission] details of specific investigation files, the specific dates, specific target information, specific managers in charge of the investigation. I gave them everything so that they could go back and follow up. This is not hearsay. These are things that are documented. These things can be established very easily.… There was general information about the time-frame, about methods to be used but not specifically about how they would be used and about people being in place and who was ordering these sorts of terror attacks. There were other cities that were mentioned. Major cities with skyscrapers (see April 2001).” [Independent, 4/2/2004] In its final report (see July 22, 2004), the 9/11 Commission will make no mention of the problems Edmonds witnessed with the FBI’s translation unit, save for a single footnote. [9/11 Commission, 7/24/2004, pp. 222; Edmonds, 8/1/2004] One month earlier, a reporter had asked one of the Democratic commissioners about the Edmonds case, and he replied, “It sounds like it’s too deep in the weeds for us to consider, we’re looking at broader issues.” [New York Observer, 1/22/2004]

Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them. Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 ]Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]

Aerial view of Los Alamos test site. [Source: DefenseTech.org]Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years, spent over six years before the 9/11 attacks running nuclear war games for the US government. In a Vanity Fair article, Levernier reveals what he shows to be critical weaknesses in security for US nuclear plants. Levernier’s special focus was the Los Alamos Nuclear Laboratory and nine other major nuclear facilities. The Los Alamos facility is the US’s main storage plant for processing plutonium and obsolete (but still effective) nuclear weapons. Levernier’s main concern was terrorist attacks. Levernier’s procedure was to, once a year, stage a mock terrorist attack using US military commandos to assault Los Alamos and the other nuclear weapons facilities, with both sides using harmless laser weapons to simulate live fire. Levernier’s squads were ordered to penetrate a given weapons facility, capture its plutonium or highly enriched uranium, and escape. The facilities’ security forces were tasked to repel the mock attacks. Multiple Failures - Levernier is going public with the results of his staged attacks, and the results are, in the words of Vanity Fair reporter Mark Hertsgaard, “alarming.” Some facilities failed every single test. Los Alamos fell victim to the mock attacks over 50 percent of the time, with Levernier’s commandos getting in and out with the goods without firing a shot—they never encountered a guard. And this came when security forces were told months in advance exactly what day the assaults would take place. Levernier calls the nuclear facilities’ security nothing more than “smoke and mirrors.… On paper, it looks good, but in reality, it’s not. There are lots of shiny gates and guards and razor wire out front. But go around back and there are gaping holes in the fence, the sensors don’t work, and it just ain’t as impressive as it appears.” The Los Alamos facility houses 2.7 metric tons of plutonium and 3.2 metric tons of highly enriched uranium; experts say that a crude nuclear device could be created using just 11 pounds of plutonium or 45 pounds of highly enriched uranium. Arjun Makhijani, the head of the Institute for Energy and Environmental Research, says the most dangerous problem exposed by Levernier is the possibility of terrorists stealing plutonium from Los Alamos. It would be a relatively simple matter to construct a so-called “dirty bomb” that could devastate an American city. Even a terrorist attack that set off a “plutonium fire” could result in hundreds of cancer deaths and leave hundreds of square miles uninhabitable. Involuntary Whistleblower - Levernier is not comfortable about being a whistleblower, and until now has never spoken to the press or Congress about his experiences. He finds himself coming forward now because, after spending six years trying unsuccessfully to persuade his bosses at the DOE to address the problems, they refused to even acknowledge that a problem existed. Shortly before he spoke to Hertsgaard, he was fired for a minor infraction and stripped of his security clearance, two years before he was due to retire with a full pension. He has filed a lawsuit against the DOE, charging that he was illegally gagged and improperly fired. He is speaking out, he says, in the hopes of helping prevent a catastrophic terrorist attack against the US that is entirely preventable. Levonier asserts that the Bush administration is doing little more than talking tough about nuclear security (see February 15, 2004). [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]

Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years who spent over six years before the 9/11 attacks running nuclear war games for the US government, says that the Bush administration has done little more than talk about securing the nation’s nuclear facilities from terrorist attacks. If Levernier and his team of experts (see February 15, 2004) are correct in their assessments, the administration is actually doing virtually nothing to protect the US’s nuclear weapons facilities, which certainly top any terrorist’s wish list of targets. Instead of addressing the enormous security problems at these facilities, it is persecuting whistleblowers like Levernier. Indeed, the administration denies a danger even exists. “Any implication that there is a 50 percent failure rate on security tests at our nuclear weapons sites is not true,” says Anson Franklin, a spokesman for the National Nuclear Security Administration (NNSA), a DOE agency that oversees the US’s nuclear weapons complex. “Our facilities are not vulnerable.” Too Strict Grading? - James Ford, who is retired, was Levernier’s direct DOE supervisor in the late 1990s. He says that while Levernier was a talented and committed employee, the results he claims from his mock terror attacks are skewed because of what Ford calls Levernier’s too-strict approach to grading the performance of the nuclear facilities’ security personnel. Ford says that Levernier liked to focus on one particular area, the Technical Area-18 facility, at the Los Alamos nuclear facility in New Mexico, though the site is essentially indefensible, located at the bottom of a canyon and surrounded on three sides by steep, wooded ridges that afforded potential attackers excellent cover and the advantage of high ground. Complaints of 'Strict Grading' Baseless, Squad Commander Says - “My guys were licking their chops when they saw that terrain,” says Ronald Timms, who commanded mock terrorist squads under Levernier’s supervision. Timms, now the head of RETA Security, which participated in many DOE war games and designed the National Park Service’s security plans for Mount Rushmore, says Ford’s complaint is groundless: “To say it’s unfair to go after the weak link is so perverse, it’s ridiculous. Of course the bad guys are going to go after the weakest link. That’s why [DOE] isn’t supposed to have weak links at those facilities.” In one such attack Timms recalls, Levernier’s forces added insult to injury by hauling away the stolen weapons-grade nuclear material in a Home Depot garden cart. The then-Secretary of Energy, Bill Richardson, ordered the weapons-grade material at TA-18 to be removed to the Nevada Test Site by 2003. That has not happened yet, and is not expected to happen until 2006 at the earliest. Rules of Engagement - The failure rates are even harder to understand considering the fact that the rules of engagement are heavily slanted in favor of the defense. A real terrorist attack would certainly be a surprise, but the dates of the war games were announced months in advance, within an eight-hour window. Attackers were not allowed to use grenades, body armor, or helicopters. They were not allowed to use publicly available radio jamming devices. “DOE wouldn’t let me use that stuff, because it doesn’t have a defense against it,” Levernier says. His teams were required, for safety reasons, to obey 25 MPH speed limits. Perhaps the biggest flaw in the DOE’s war games, Levernier says, is that they don’t allow for suicide bombers. The games required Levernier’s teams to steal weapons-grade nuclear material and escape. It is likely, though, that attackers would enter the facility, secure the materials, and detonate their own explosives. DOE did not order nuclear facilities to prepare for such attacks until May 2003, and the policy change does not take effect until 2009. Levernier notes that three of the nation’s nuclear weapons facilities did relatively well against mock attacks: the Argonne National Laboratory-West in Idaho, the Pantex plant in Texas, and the Savannah River Site in South Carolina. Bureaucratic, Political Resistance - So why, asks Vanity Fair journalist Mark Hertsgaard, doesn’t the Bush administration insist on similar vigilance throughout the entire nuclear complex? They “just don’t think [a catastrophic attack] will happen,” Levernier replies. “And nobody wants to say we can’t protect these nuclear weapons, because the political fallout would be so great that there would be no chance to keep the system running.” The DOE bureaucracy is more interested in the appearance of proper oversight than the reality, says Tom Devine, the lawyer who represents both Levernier and other whistleblowers. “Partly that’s about saving face. To admit that a whistleblower’s charges are right would reflect poorly on the bureaucracy’s competence. And fixing the problems that whistleblowers identify would often mean diverting funds that bureaucrats would rather use for other purposes, like empire building. But the main reason bureaucrats have no tolerance for dissent is that taking whistleblowers’ charges seriously would require them to stand up to the regulated industry, and that’s not in most bureaucrats’ nature, whether the industry is the nuclear weapons complex or the airlines.” Stiff Resistance from Bush Administration - Devine acknowledges that both of his clients’ troubles began under the Clinton administration and continued under Bush, but, Devine says, the Bush administration is particularly unsympathetic to whistleblowers because it is ideologically disposed against government regulation in general. “I don’t think President Bush or other senior officials in this administration want another September 11th,” says Devine, “but their anti-government ideology gets in the way of fixing the problems Levenier and [others] are talking about. The security failures in the nuclear weapons complex and the civil aviation system are failures of government regulation. The Bush people don’t believe in government regulation in the first place, so they’re not inclined to expend the time and energy needed to take these problems seriously. And then they go around boasting that they’re winning the war on terrorism. The hypocrisy is pretty outrageous.” [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]

In the wake of Pakistani nuclear scientist A. Q. Khan’s public apology for his role in nuclear proliferation on February 4, 2004 (see February 4, 2004), and the US government’s quick acceptance of that apology, it is clear the US expects more cooperation from Pakistan on counterterrorism in return. Deputy Defense Secretary Paul Wolfowitz says in an interview on February 19: “In a funny way, the A. Q. Khan [apology]… we feel it gives us more leverage, and it may give [Pakistani President Pervez] Musharraf a stronger hand, that Pakistan has an act to clean up. The international community is prepared to accept Musharraf’s pardoning of Khan for all that he has done, but clearly it is a kind of IOU, and in return for that there has to be a really thorough accounting. Beyond that understanding, we expect an even higher level of cooperation on the al-Qaeda front than we have had to date.” But there is no increased cooperation in the next months. Pakistani journalist and regional expert Ahmed Rashid will later comment: “Musharraf had become a master at playing off Americans’ fears while protecting the army and Pakistan’s national interest.… [He] refused to budge and continued to provide only minimal satisfaction to the United States and the world. He declined to give the CIA access to Khan, and there was no stepped-up hunt for bin Laden.” [Rashid, 2008, pp. 289-290]

Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) tells US interrogators that Abdul Hakim Murad, along with KSM a key conspirator in the Bojinka plot, only had a small role in the operation, according to the 9/11 Commission. The Commission will cite four intelligence reports, drafted on February 19 (two), February 24, and April 2, 2004, as the source of this claim. According to KSM, Murad’s only role in the plot was to courier $3,000 from Dubai to Manila. However, other evidence indicates Murad was much more significantly involved in the plot (see Before January 6, 1995 and January 6, 1995). The Commission will comment, “This aspect of KSM’s account is not credible, as it conflicts not just with Murad’s own confession [note: this may be unreliable as Murad was tortured (see After January 6, 1995)] but also with physical evidence tying Murad to the very core of the plot, and with KSM’s own statements elsewhere that Murad was involved in planning and executing the operation.” [9/11 Commission, 7/24/2004, pp. 489]

Fahad al Thumairy, a Saudi diplomat the 9/11 Commission thinks is tied to an associate of two 9/11 hijackers named Omar al-Bayoumi, is interviewed by the Commission and lies about these connections. The Commission’s staff thinks that al Thumairy was, in author Philip Shenon’s words, “a middleman of some sort for [9/11 hijackers] Nawaf Alhazmi and Khalid Almihdhar,” and they have compiled a long dossier on him, mostly based on evidence that staffer Mike Jacobson found in FBI files. According to Shenon, the evidence suggests al Thumairy “had orchestrated help for the hijackers through a network of Saudi and other Arab expatriates living throughout Southern California and led by… al-Bayoumi.” When al Thumairy is interviewed by Raj De and other Commission investigators in Riyadh—in the presence of Saudi government minders—he initially claims, “I do not know this man al-Bayoumi.” However, the investigators have witnesses who say al Thumairy and al-Bayoumi know each other, have records of phone calls between the two men (see December 1998-December 2000 and January-May 2000), and al-Bayoumi has admitted knowing al Thumairy, although they allegedly spoke “solely on religious matters.” De cuts off al Thumairy’s denial, telling him: “Your phone records tell a different story. We have your phone records.” Although al-Bayoumi still professes ignorance, De explains they have the phone records from the FBI, at which point al Thumairy realizes his difficulty and says, “I have contact with a lot of people.” [Shenon, 2008, pp. 309-311]

The Congressional Record reports that Richard Blee, the manager in charge of the CIA’s bin Laden unit on 9/11 (see August 22-September 10, 2001), has been nominated to a State Department rank. In a list of State Department nominations, it states that he and several dozen other people are proposed “to be consular officers and/or secretaries of the diplomatic service of the United States of America, as indicated for appointment as foreign service officers of class three, consular officer and secretary in the diplomatic service of the United States of America.” The listing gives his address as the District of Columbia. [US Congress, 2/23/2004, pp. 48 ]

CIA Director George Tenet tells Congress regarding an alleged meeting between hijacker Mohamed Atta and an Iraqi government agent in Prague, “We can’t prove that one way or another.” [New York Times, 7/9/2004]

Firefighters around the Superferry 14. [Source: Philippine Air Force]The 10,000 ton “Superferry 14” catches fire while transporting about 900 people between islands in the central Philippines. About 116 people are killed as the ship runs aground and partially submerges. Abu Sayyaf, a militant group frequently linked to al-Qaeda, takes credit for the disaster. The Philippine government initially claims it was an accident, but an investigation of the wreckage concludes several months later that the boat sank because of an explosion. Six members of Abu Sayyaf are charged with murder, including Khaddafy Janjalani and Abu Sulaiman, said to be the top leaders of the group. Investigators believe Abu Sayyaf targeted the ship because the company that owned it refused to pay protection money. [BBC, 10/11/2004] Time magazine entitles an article about the incident “The Return of Abu Sayyaf” and notes that the bombing shows the group has reconstituted itself under the leadership of Janjalani after nearly being destroyed by arrests and internal divisions. [Time, 8/23/2004]

Jamal Ahmidan is a member of the Islamist militant cell who has arranged to buy the explosives for the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). He is also a drug dealer, and is purchasing the explosives from Emilio Suarez Trashorras and some others who are generally both drug dealers and government informants. His phone is being monitored by Spanish intelligence. On February 28, he calls Othman El Gnaoui, another member of the militant cell, and says that he will need a van to transport something. The next day, Ahmidan is in the Spanish region of Asturias to help pick up the over 100 kilograms of explosives used in the bombings. He drives a stolen white Toyota Corolla and travels with a Renault Kangoo van and a Volkswagen Golf. Trashorras and Mohammed Oulad Akcha (another member of the militant cell) drive the other vehicles. The three vehicles drive the explosives to Madrid in what will later be popularly dubbed the “caravan of death.” Ahmidan makes about 15 calls on his monitored phone during the several hour journey, many of them to El Gnaoui. While he does not explicitly talk on the phone about moving explosives, he does make clear to El Gnaoui that he and two other vehicles are moving something to Madrid. He is stopped for speeding along the way by police, but the trunk of his car is not checked. He gives the police officer a false identification. [El Mundo (Madrid), 8/23/2004]

In May 2005, the Globe and Mail reports that friends and family of Nabil al-Marabh fear he is being jailed in Syria. He apparently lives freely there for a few months after being deported from the US in January 2004 (see January 2004), but then is arrested by Syrian intelligence agents. The article will note that, “US deportation records show that Mr. al-Marabh had expressed fears about being conscripted or tortured in Syria, which is notorious for abusing its prisoners.” [Globe and Mail, 5/11/2005] In late 2007, it will be reported that it is believed al-Marabh is still jailed in Syria, though there have been no reports of him being officially charged with any crime. [National Post, 10/6/2007]

The Defense Intelligence Agency (DIA) in Washington, DC apparently destroys duplicate copies of documentation relating to a military intelligence unit called Able Danger, for unknown reasons. The documents had been maintained by one of the DIA’s employees, intelligence officer Anthony Shaffer. [US Congress, 9/21/2005] The Able Danger unit was established in fall 1999, to assemble information about al-Qaeda networks worldwide (see Fall 1999). Lt. Col. Anthony Shaffer had served as a liaison officer between the unit and the DIA. [New York Times, 8/17/2005; Guardian, 8/18/2005] Able Danger allegedly identified Mohamed Atta and three other future 9/11 hijackers more than a year before the attacks (see January-February 2000). Other records relating to the unit were destroyed in May and June 2000, and March 2001 (see May-June 2000). [US Congress, 9/21/2005; Fox News, 9/24/2005]

FBI Director Robert Mueller launches a charm offensive to win over the 9/11 Commission and ensure that its recommendations are favorable to the bureau. Commission Initially Favored Break-Up - The attempt is greatly needed, as the Commission initially has an unfavorable view of the FBI due to its very public failings before 9/11: the Phoenix memo (see July 10, 2001), the fact that two of the hijackers lived with an FBI counterterrorism informer (see May 10-Mid-December 2000), and the failure to search Zacarias Moussaoui’s belongings (see August 16, 2001). Commissioner John Lehman will say that at the start of the investigation he thought “it was a no-brainer that we should go to an MI5,” the British domestic intelligence service, which would entail taking counterterrorism away from the bureau. Lobbying Campaign - Author Philip Shenon will say that the campaign against the commissioners “could not have been more aggressive,” because Mueller was “in their faces, literally.” Mueller says he will open his schedule to them at a moment’s notice and returns their calls within minutes. He pays so much attention to the commissioners that some of them begin to regard it as harassment and chairman Tom Kean tells his secretaries to turn away Mueller’s repeated invitations for a meal. Mueller even opens the FBI’s investigatory files to the Commission, giving its investigators unrestricted access to a special FBI building housing the files. He also gets Dame Eliza Manningham-Buller, head of MI5, to meet the commissioners and intercede for the bureau. Contrast with CIA - The campaign succeeds and the Commission is convinced to leave the FBI intact. This is partially due to the perceived difference between Mueller and CIA Director George Tenet, who the Commission suspects of telling it a string of lies (see July 2, 2004). Commissioner Slade Gorton will say, “Mueller was a guy who came in new and was trying to do something different, as opposed to Tenet.” Commission Vice Chairman Lee Hamilton will also say that the Commission recommended changing the CIA by establishing the position of director of national intelligence. It is therefore better to leave the FBI alone because “the system can only stand so much change.” Change Partially Motivated by Fear - This change of mind is also partially motivated by the commissioners’ fear of the bureau. Shenon will comment: “Mueller… was also aware of how much fear the FBI continued to inspire among Washington’s powerful and how, even after 9/11, that fear dampened public criticism. Members of congress… shrank at the thought of attacking the FBI.… For many on Capitol Hill, there was always the assumption that there was an embarrassing FBI file somewhere with your name on it, ready to be leaked at just the right moment. More than one member of the 9/11 Commission admitted privately that they had joked—and worried—among themselves about the danger of being a little too publicly critical of the bureau.” [Shenon, 2008, pp. 364-368]

Al-Qaeda has released a series of video messages featuring Adam Gadahn. This one is from September 2, 2006. [Source: Public domain / Wikipedia]The Washington Post will report in May 2004, “US officials have continued investigating [Khalil] Deek’s whereabouts, a fact that is made clear since [his name has recently] appeared on US terrorist lookout lists.” Deek is a naturalized US citizen whom authorities believe was a member of an al-Qaeda cell in Anaheim, California for most of the 1990s. He was arrested in Jordan for masterminding an al-Qaeda millennium bomb plot there (see December 11, 1999). Then he was let go, apparently with US approval (see May 2001). US intelligence has a record dating back to the late 1980s of investigating Deek for a variety of criminal activities but taking no action against him (see Late 1980s, March 1993-1996, December 14-25, 1999, November 30, 1999, May 2000, December 15-31, 1999). It is not known why Deek is finally watchlisted at this time, though it is likely connected to wide publicity about Adam Gadahn. Gadahn, a Caucasian American also known as “Azzam the American,” was a member of Deek’s Anaheim cell in the mid-1990s. He moved to Afghanistan where he has since become well-known as a top al-Qaeda media spokesman. [New Yorker, 1/22/2007] Counterterrorism expert Rita Katz, who investigated Deek for the US government in the late 1990s, says it’s “a mystery” law enforcement officials have not arrested or even charged Deek as a terrorist. [Orange County Weekly, 6/17/2004] A US newspaper reporter who closely followed Deek’s career will comment that Deek seemingly “couldn’t get arrested to save his life.” [Orange County Weekly, 6/15/2006] Deek has not been hard from since. There will be unconfirmed reports that he was killed somewhere in Pakistan in early 2005, but his body has not been found. [Orange County Weekly, 6/15/2006]

A senior UN official reports that conditions in Afghanistan have deteriorated significantly in nearly every respect. According to Lakhdar Brahima, UN special envoy to Afghanistan, the situation “is reminiscent to what was witnessed after the establishment of the mujaheddin government in 1992.” Abdul Rasul Sayyaf, a member of the Wahhabi sect of Islam who opposed the presence of US troops in Saudi Arabia, along with several other warlords accused of atrocities in the mid-1990s, have returned to power and are effectively ruling the country, Brahima says. Several hold key positions within the government. They “continue to maintain their own private armies and… are reaping vast amounts of money from Afghanistan’s illegal opium trade…” The US, while claming to support Afghan President Karzai, is relying on these warlords to “help” hunt down Taliban and al-Qaeda factions, although the success rate is abysmal, and much of the intelligence provided by the warlords is faulty. The Taliban has begun to regroup, and now essentially controls much of the southern and eastern regions of the country. [Foreign Affairs, 5/2004]

Following tests of the standard of security at US airports (see October 9, 2003), the Department of Homeland Security’s inspector general, the Government Accountability Office (GAO), and a private company provide a series of classified briefings to the House Aviation Subcommittee, saying the security is currently lax, bureaucratic, and no better than it was 17 years ago. After the briefings, committee chairman John Mica (R-FL) says, “We have a system that doesn’t work.” Congressman Peter DeFazio (D-OR), who supported the federal takeover of airport security, says, “The inadequacies and loopholes in the system are phenomenal.” A 2006 book by investigative reporters Joe and Susan Trento will say that the new federal screeners are “much worse” than the old private ones. A Transportation Security Administration (TSA) official will say that the “private sector was held to a standard of somewhere between 80 to 90 percent” for weapons detection, but now at one airport “they ran eight [tests] and we missed four of them.” He will add, “But what is really alarming to me is that they said we’re above the national average so they recognize you for a job well done.” Another official will complain about the lack of testing in the federal system, saying that the new screeners even have difficultly recognizing explosives when they appear on a screen, “And when you run an actual [improvised explosive device], they don’t know what it is.” The Trentos will attribute some of the blame to the way the security staff are trained, noting, “the TSA certifies and tests itself and classifies the results as secret.” [Trento and Trento, 2006, pp. 172-4]

Gouled Hassan Dourad. [Source: US Defense Department]Alleged “high value” al-Qaeda leader Gouled Hassan Dourad is captured. Dourad is captured by Djibouti government forces in his house in Djibouti. He is turned over to US custody at an unknown date and held as a ghost prisoner in the CIA’s secret prison system. On September 4, 2006, he will be transferred to the US-run prison in Guantanamo, Cuba, and will be officially declared a “high value” prisoner (see September 2-3, 2006). Who Is Dourad? - Very little is publicly known about Dourad or why he is deemed an important militant leader. Virtually nothing has appeared about him in the media either before or after his capture. But his 2008 Guantanamo file will detail his history. According to that file, Dourad is a Somali who is an admitted member of both al-Qaeda’s East Africa branch and Al-Ittihad al-Islamiya (AIAI), an Islamist militant group based in Somalia that was blacklisted by the US shortly after 9/11. In 1993, he was granted asylum in Sweden, and lived there for nearly three years. In 1996, he trained in al-Qaeda linked training camps in Afghanistan. Returning to East Africa, he fought against Ethiopian forces for several years. Dourad grew more involved with al-Qaeda and took part in various plots. When he is caught, he allegedly is in the final stages of planning an operation against US military bases and various embassies in Djibouti. He does not seem to have been in frequent contact with many top al-Qaeda leaders, but it is claimed he worked closely with Abu Talha al-Sudani, a leader of al-Qaeda operations in East Africa. [US Department of Defense, 9/19/2008] Note that the Guantanamo files of prisoners often contain dubious information, and in some cases information that was extracted by torture (see April 24, 2011).

John Cole. [Source: Canal+]John Cole, an FBI agent who has supported whistleblower Sibel Edmonds inside the FBI, is forced out of his position. Cole will later say that this is because of the support he offered her. After Cole read Edmonds’ file, he decided her allegations were accurate: “I thought that I could be of some assistance to her, because I knew she was doing the right thing. I knew because she was right.” According to Cole, her allegations were confirmed by others at the FBI, “They were telling me that Sibel Edmonds was a 100 percent accurate, that management knew that she was correct.” However, Cole is subjected to a long bout of harassment. After years of good reports, his appraisal only says his work in one area is “minimally acceptable,” and he is investigated by the Office of Professional Responsibility for allegedly lying on a background check and disclosing classified information without authorization. Finally, he is demoted to menial tasks such as photocopying, causing him to resign. [Vanity Fair, 9/2005; Congressional Quarterly, 1/26/2007]

Faisal Gill. [Source: Salon]It is discovered that the Department of Homeland Security’s intelligence division policy director has disturbing associations with known radical militants. Faisal Gill, a White House political appointee with close ties to powerful Republican lobbyist Grover Norquist and no background in intelligence, failed to disclose on security clearance documents that he had worked with Abdurahman Alamoudi, a lobbyist with suspected terrorist ties. This is a potential felony. Jailed at the time, Alamoudi will be sentenced to 23 years in prison later in the year for plotting with Libyan agents to kill the de facto ruler of Saudi Arabia (see October 15, 2004). Gill is briefly removed from his job when his incorrect disclosures are discovered, but it is ultimately decided that he can keep his job. Salon notes that “Gill has access to top-secret information on the vulnerability of America’s seaports, aviation facilities, and nuclear power plants to terrorist attacks.” Gill previously worked in an organization tied to both Alamoudi and Norquist. One anonymous official says, “There’s an overall denial in the administration that the agenda being pushed by Norquist might be a problem. It’s so absurd that a Grover Norquist person could even be close to something like this. That’s really what’s so insidious.” Another official complains, “Who is Abdurahman Alamoudi? We really don’t know. So how can we say there is not a problem with his former aide?” [Salon, 6/22/2004]

Lieutenant Colonel Anthony Shaffer, an Army intelligence officer who worked closely with a military intelligence unit called Able Danger, has his security clearance suspended for what his lawyer later describes as “petty and frivolous” reasons, including a dispute over mileage reimbursement and charges for personal calls on a work cell phone. [Fox News, 8/19/2005] According to Shaffer, allegations are made against him over $67 in phone charges, which he accumulated over 18 months. He says, “Even though when they told me about this issue, I offered to pay it back, they chose instead to spend in our estimation $400,000 to investigate all these issues simply to drum up this information.” No formal action is ever taken against Shaffer, and later in the year the Army promotes him to lieutenant colonel. [Fox News, 8/17/2005; Government Security News, 9/2005] A few months previous, Shaffer had met with staff from the 9/11 Commission, and allegedly informed them that Able Danger had, more than a year before the attacks, identified two of the three cells which conducted 9/11, including Mohamed Atta (see October 21, 2003). According to Shaffer’s lawyer, it is because of him having his security clearance suspended that he does not later have any documentation relating to Able Danger. [Fox News, 8/19/2005] Rep. Curt Weldon (R-PA) will later comment: “In January of 2004 when [Shaffer] was twice rebuffed by the 9/11 Commission for a personal follow-up meeting, he was assigned back to Afghanistan to lead a special classified program. When he returned in March, he was called in and verbally his security clearance was temporarily lifted. By lifting his security clearance, he could not go back into DIA quarters where all the materials he had about Able Danger were, in fact, stored. He could not get access to memos that, in fact, he will tell you discussed the briefings he provided both to the previous administration and this administration.” [Fox News, 8/19/2005] These documents Shaffer are trying to reach are destroyed by the DIA roughly around this time (see Spring 2004). In September 2005, Shaffer has his security clearance revoked, just two days before he is scheduled to testify before the Senate Judiciary Committee about Able Danger’s activities (see September 19, 2005).

Daniel Hopsicker. [Source: Daniel Hopsicker]A book examining the life of Mohamed Atta while he lived in Florida in 2000 is published. Welcome to Terrorland: Mohamed Atta and the 9-11 Cover-Up in Florida, is by Daniel Hopsicker, an author, documentary maker, and former business news producer. Hopsicker spent two years in Venice, Florida, where several of the 9/11 hijackers went to flight school, and spoke to hundreds of people who knew them. His account portrays Atta as a drinking, drug-taking, party animal, strongly contradicting the conventional view of Atta having been a devout Muslim. He interviewed Amanda Keller, a former stripper who claims to have briefly been Atta’s girlfriend in Florida. Keller describes trawls through local bars with Atta, and how he once cut up her pet kittens in a fit of anger. The book also alleges that the CIA organized an influx of Arab students into Florida flight schools in the period prior to 9/11, and that a major drug smuggling operation was centered around the Venice airfield while Atta was there. [Deutsche Welle (Bonn), 4/30/2004; Sarasota Herald-Tribune, 7/11/2005] It also implicates retired businessman Wally Hilliard, the owner of Huffman Aviation, as the owner of a Lear jet that in July 2000 was seized by federal agents after they found 43 pounds of heroin onboard. [Long Island Press, 2/26/2004; Green Bay Press-Gazette, 3/22/2004] The book is a top ten bestseller in Germany. [Hopsicker, 2004; Deutsche Welle (Bonn), 4/30/2004]

In late 2001, a Pakistani named Abdullah Mahsud was arrested in northern Afghanistan and transferred to the US-run Guantanamo prison. He apparently concealed his true identity while there, and is released in March 2004. He returns to Waziristan, the Pakistani tribal region where he was born, and quickly becomes an important Taliban leader. The US Defense Department belatedly realizes he has been associated with the Taliban since he was a teenager, and calls him an “al-Qaeda-linked facilitator.” He earns a fearsome reputation by orchestrating attacks and kidnappings, starting later in 2004. His forces will sign a peace deal with the Pakistani government in early 2005 that effectively gives them control over South Waziristan (see February 7, 2005). Mahsud will be killed on July 24, 2007, just days after a peace deal between the Pakistani government and Waziristan militants collapses (see July 11-Late July, 2007). He reportedly blows himself up with a grenade while surrounded by Pakistani security forces in a town in Baluchistan province about 30 miles from the Afghan border that is also near Waziristan. A Pakistani official will say: “This is a big blow to the Pakistani Taliban. He was one of the most important commanders that the Taliban had in Waziristan.” [Washington Post, 7/25/2007]

In March 2004, al-Qaeda apparently holds what Time magazine calls a “terrorist summit” in the Pakistani tribal region of Waziristan. Time says the meeting is a “gathering of terrorism’s elite” who come from all over the world to attend. Attendees include: Dhiren Barot, an al-Qaeda leader living in Britain. Adnan Shukrijumah, an Arab Guyanese bombmaker and commercial pilot who apparently met 9/11 hijacker Mohamed Atta and has been on public wanted lists since 2003. Mohammed Junaid Babar, a Pakistani-American living in Britain. He arrives with money and supplies. Abu Faraj al-Libbi, al-Qaeda leader living somewhere in Pakistan. Two other unnamed attendees are believed to have surveilled targets in New York City and elsewhere with Barot in 2001 (see May 30, 2001). [Time, 8/8/2004; ISN Security Watch, 7/21/2005]Other attendees have not been named. The meeting is said to be a “subject of obsession for authorities” in the US and Pakistan. Pakistani President Pervez Musharraf says, “The personalities involved, the operations, the fact that a major explosives expert came here and went back, all this was extremely significant.” Officials worry that it may have been a planning meeting for a major attack in the West. [Time, 8/8/2004] Babar is arrested one month later in the US and immediately agrees to become an informant and reveal all he knows (see April 10, 2004). But US intelligence had been monitoring Babar since late 2001 (see Early November 2001-April 10, 2004), and Newsweek will later claim that “Babar was tracked flying off [in early 2004] to South Waziristan in Pakistan, where he attended [the] terror summit…” It is unknown if the summit itself is monitored, however. [Newsweek, 1/24/2005] Regardless on when the US learned about it, no known additional pressure on Pakistan to do something about al-Qaeda in Waziristan results. In fact, in late April the Pakistani government ends one month of fighting with militants in Waziristan and signs a peace treaty with them (see April 24-June 18, 2004).

The 9/11 Commission’s Executive Director Philip Zelikow demands that the Commission subpoena a new book by former counterterrorism “tsar” Richard Clarke that is due to be published soon. Bad Blood - There has been a running argument in the Commission about Clarke’s criticism of National Security Adviser Condoleezza Rice (see August 2003, Before December 18, 2003, and Early 2004) and there is also bad blood between Clarke and Zelikow, a close associate of Rice (see 1995) who had Clarke demoted in 2001 (see January 3, 2001 and January 27, 2003). Zelikow’s demand is spurred by a change to the publication date of Clarke’s book, which has been moved forward from the end of April to March 22, shortly before Clarke is due to testify publicly before the Commission. Zelikow Goes 'Ballistic' - Daniel Marcus, the Commission’s lawyer, will recall that when Zelikow learned of the change, he “went ballistic” and “wanted to subpoena [the book].” The reason for his anger is that he thinks that it may contain surprises for the Commission and does not want new information coming out so close to an important hearing. Marcus thinks issuing a subpoena is a bad idea, as the Commission generally refuses to subpoena government departments (see January 27, 2003), so issuing one for the book will make it look bad, and possibly turn the press against it. However, Zelikow initially refuses to back down, saying, “Well, we have subpoena authority,” and adding, “And they have no right to withhold it from us.” Publisher Provides Book, Clarke Prevents Zelikow from Reading It - Marcus calls the book’s publisher and asks it nicely to give the Commission the book. The publisher agrees, but, worried that excessive distribution would limit the book’s news value, says that only three staffers, ones involved in preparing for Clarke’s interview, can read it. Clarke personally insists on another condition: that Zelikow is not one of these three staffers. Zelikow protests against this condition, but it is approved by the commissioners. Zelikow Discomfited - This deal highlights the state of relations between Zelikow and the staff. Author Philip Shenon will write: “Marcus and others on the staff could not deny that they enjoyed Zelikow’s discomfort. Throughout the investigation, Zelikow had insisted that every scrap of secret evidence gathered by the staff be shared with him before anyone else; he then controlled how and if the evidence was shared elsewhere. Now Zelikow would be the last to know some of the best secrets of them all.” [Shenon, 2008, pp. 275-277]

David Ray Griffin.
[Source: Public domain]The book “The New Pearl Harbor: Disturbing Questions about the Bush administration and 9/11,” written by theology professor David Ray Griffin, is released. The Daily Mail calls it “explosive.” Well known historian Howard Zinn calls the book: “the most persuasive argument I have seen for further investigation of the Bush administration’s relationship to that historic and troubling event.” The book suggests there is evidence that the Bush administration may have arranged the 9/11 attacks or deliberately allowed them to happen. It questions why no military fighter jets were sent up to intercept the hijacked planes after the terrorists first struck. It also explores the question of whether the Pentagon was really hit by Flight 77, and suggests that explosives could have assisted the collapse of the World Trade Center. [Democracy Now!, 5/26/2004; Daily Mail, 6/5/2004] The book sells well, but is virtually ignored by the mainstream US news media. Those who do report on the book generally deride it. For example, Publishers Weekly states, “Even many Bush opponents will find these charges ridiculous, though conspiracy theorists may be haunted by the suspicion that we know less than we think we do about that fateful day.” [Publishers Weekly, 3/22/2004]

After finding that FAA and US military officials have made a string of false statements to them about the air defense on the day of the attacks and have withheld key documents for months (see September 2003, Late October 2003, October 14, 2003, and November 6, 2003), the 9/11 Commission’s staff proposes a criminal investigation by the Justice Department into those officials. Proposal Sent to Zelikow - The proposal is contained in a memo sent by the Commission team investigating the day of the attacks to Philip Zelikow, the Commission’s executive director. However, nothing much is done with the memo for months. A similar proposal will then be submitted to the very last meeting of the 9/11 commissioners, who decide to refer the matter not to the Justice Department, but to the inspectors general of the Pentagon and FAA (see Shortly before July 22, 2004). Whereas the Justice Department could bring criminal charges for perjury, if it found they were warranted, the inspectors general cannot. Dispute over Events - According to John Azzarello, a Commission staffer behind the proposal, Zelikow fails to act on the proposal for weeks. Azzarello will say that Zelikow, who has friends at the Pentagon (see (Late October-Early November 2003)), “just buried that memo.” Azzarello’s account will be backed by Commission team leader John Farmer. However, Zelikow will say that Azzarello was not party to all the discussions about what to do and that the memo was delayed by other Commission staffers, not him. Zelikow’s version will receive backing from the Commission’s lawyer, Daniel Marcus. [Shenon, 2008, pp. 209-210]

9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton meet with Republican leaders in the House of Representatives, including Speaker Dennis Hastert and Majority Leader Tom Delay, to discuss an extension of the commission’s reporting deadline (see Mid-December 2003-Mid-January 2004). The extension is opposed by the House leadership, which has had bad relations with the commission for some time and has been very critical of the commission. For example, a month before the meeting Hastert had accused Democrats on the commission of “leaking things,” trying to “make it a political issue,” and inflict “death by a thousand cuts” on the Bush administration. It is unclear why the House leadership is so against the extension, even though it has been approved by Senate Republicans and the White House. One theory advanced by Democratic commissioners is that, although the White House has publicly dropped its opposition to the extension (see January 19, 2004 and February 5, 2004), it does not really want it and is simply getting Hastert to act as a proxy. Author Philip Shenon will comment: “If Hastert’s contempt for the commission was being stage-managed by anyone at the White House, it was assumed on the commission to be Dick Cheney. The vice president was a frequent, if rarely announced, visitor to the Speaker’s office.” However, Kean persuades Hastert and the other House leaders to accept the extension, removing the last hurdle. [Shenon, 2008, pp. 227-229]

A German appeals court overturns the conviction of Mounir El Motassadeq after finding that German and US authorities withheld evidence. He had been sentenced to 15 years in prison for involvement in the 9/11 plot. According to the court, a key suspect in US custody, Ramzi bin al-Shibh, had not been allowed to testify. European commentators blame US secrecy, complaining that “the German justice system [is] suffering ‘from the weaknesses of the way America is dealing with 9/11,’ and ‘absolute secrecy leads absolutely certainly to flawed trials.’” [Agence France-Presse, 3/5/2004] The court orders a new trial scheduled to begin later in the year. [Associated Press, 3/4/2004] The release of El Motassadeq (and the acquittal of Mzoudi earlier in the year) means that there is not a single person who has ever been successfully prosecuted for the events of 9/11.

On the night of March 4, 2004, members of Spain’s Civil Guard go to an unnamed witness in Madrid and ask him about Emilio Suarez Trashorras and Jamal Ahmidan, alias “El Chino.” The Madrid bombings conducted seven days later are said to involve two groups. One group is made up of Islamist radicals under heavy surveillance and the other group is made up of criminals and drug dealers who sell the explosives to this group. Ahmidan from the first group and Trashorras for the second are the main intermediaries. This witness is asked extensively about his car, a white Toyota Corolla. In late February, Ahmidan used a stolen white Toyota Corolla with a similar registration to help move the explosives from the region of Asturias to Madrid. He was briefly stopped for speeding by police on his way to Madrid and gave an alias instead of his real name (see February 28-29, 2004). The Toyota was also used by Trashorras in Asturias and he was fined while driving it three times. This suggests police had some knowledge about the explosives deal before the bombings. [El Mundo (Madrid), 8/24/2005] Trashorras is a government informant, but it will later be claimed that he did not inform his handlers about the explosives deal before the bombings, and he will be sentenced to life in prison (see October 31, 2007). Ahmidan will reportedly blow himself up with other key bombers about a month after the bombings (see 9:05 p.m., April 3, 2004).

Jamal Zougam, an Islamist militant living in Spain, calls Barakat Yarkas, the head of the al-Qaeda cell in Madrid. Yarkas is in prison at the time, and has been there since November 2001 for an alleged role in the 9/11 attacks (see November 13, 2001). Zougam’s call is monitored, and in fact he has been monitored since 2000 for his links to Yarkas and others (see 2000-Early March 2004). Zougam will later say that he was aware he was being monitored, especially since he knew his house was raided in 2001. The Madrid newspaper El Mundo will later comment that the call makes no sense, especially since it takes place just six days before the Madrid train bombings (see October 31, 2007): “It’s like lighting a luminous sign.” It also has not been explained why the imprisoned Yarkas was even allowed to speak to Zougam on the phone. It is not known what they discuss. [El Mundo (Madrid), 4/23/2004] Zougam will later be sentenced to life in prison for a role in the Madrid bombings (see October 31, 2007).

Near midnight on March 5, 2004, Othman El Gnaoui spends some time in a Madrid police station. He is considered one of the key Madrid bombers and will later be sentenced to life in prison for his role in the bombings. What he is doing in the station is not clear as police will not discuss it later. But his phone is being monitored at the time, and transcripts of calls will later reveal him calling family from inside the station who are wondering where he is at such a late hour. He tells his wife that he had some trouble with identification papers while riding his motorcycle. [El Mundo (Madrid), 8/24/2005] But there are some curious coincidences. Just the day before, an unnamed witness was asked about Jamal Ahmidan and Emilio Suarez Trashorras (see Evening, March 4, 2004). In late February 2004, El Gnaoui bought explosives from Trashorras and others. On February 29, Ahmidan called him at least five times as he helped drive the explosives from the region of Asturias to Madrid. Both Ahmidan and El Gnaoui’s phones were being monitored at the time. [El Mundo (Madrid), 8/24/2005] Also curiously, one day after the bombings, police will stop monitoring the phones of Ahmidan and El Gnaoui (see March 12, 2004).

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